December 4, 1996
VIA UPS OVERNIGHT
Harold Frost
December 4, 1996
Page 1
Harold D. Frost
12 Jordan Avenue
Shelton, CT 06484
Gary Thibeault
43 Chestnut Street
Seymour, CT 06483
Jeffery Cederbaum
12 Rocky Glen
Seymour, CT 06483
William Anzellotti
109 Edgefield Avenue
Milfold, CT 06460
Harold Frost
December 4, 1996
Page 1
Re: Election Office Case No. P-1268-LU1150-ENG
Gentlemen:
Harold D. Frost, a member of Local Union 1150, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) alleging that Ron Carey supporters “verbally harassed and attempted to draw [him] into a physical confrontation while they were handing out campaign literature” in front of the Bridgeport Sikorsky Aircraft Company (“Sikorsky”) facility.
Associate Regional Coordinator David F. Reilly investigated this protest.
Mr. Frost offered two different versions of the events on the morning of November 11, 1996. In his first interview with the investigator, Mr. Frost stated that he entered the Sikorsky facility and then returned to the parking lot after hearing loud voices. He added that he saw Local Union 1150 members Gary Thibeault, Jeff Cederbaum and William Anzellotti distributing Carey campaign literature. Mr. Frost alleged that the three of them began berating him in obscene language, yelling, “You f______ asshole!” “Hey, you loser piece of shit!” and “You’re f______ crazy.” After this incident, Mr. Frost stated that he re-entered the building.
Harold Frost
December 4, 1996
Page 1
In a subsequent interview with the investigator, Mr. Frost stated that no threats were made, that the derogatory language was not as loud as he had first claimed, and that Messrs. Thibeault and Cederbaum did not take part in the exchange of words. Mr. Frost does not allege that he felt physically threatened by Mr. Anzellotti or that Mr. Anzellotti made any verbal threats against him.
Mr. Thibeault states that the entire exchange consisted of Mr. Frost stating that he is a Hoffa supporter and that Messrs. Cederbaum, Thibeault and Anzellotti were “crazy” if they thought that they were going to change anyone’s mind. Mr. Anzellotti then responded using profane language.
A “heated and emotional” interaction between the supporters of Messrs. Carey
and Hoffa is not in violation of the Rules. See Mee et al., P-1153-LU853-CSF et seq. (November 13, 1996) (finding that “nasty exchange” between Carey and Hoffa supporters
did not violate the Rules). There is no evidence in this case of any language that rises to the level of retaliation, under the Rules.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
David F. Reilly, Associate Regional Coordinator