November 25, 1996
VIA UPS OVERNIGHT
Rebecca Clemerson
9105 Fairridge Drive
Louisville, KY 40229
James T. Thomason
Teamsters Local Union 783
7711 Beulah Church Road
Louisville, KY 40228
Re: Election Office Case No. P-1269-LU783-SCE
Gentlepersons:
Rebecca F. Clemerson, a member of Local Union 783, 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 Local Union 783 Business Agent
James T. “Todd” Thomason harassed and intimidated her while she campaigned for a candidate in the International election by following her car at an unsafe distance. Mr. Thomason admits that he followed the protester’s car, but denies that he did so in violation of the Rules.
This protest was investigated by Adjunct Regional Coordinator Joe F. Childers.
Ms. Clemerson states that on the afternoon of Sunday, November 17, 1996, she and Sheila Fuller, also a member of Local Union 783, were waiting in the parking lot of Local
783’s union hall in Louisville, Kentucky. Their purpose was to distribute campaign literature supporting Ron Carey, a candidate for general president, to a group of employees who were scheduled to meet there. They discovered that the meeting would take place later in the afternoon and left the parking lot at approximately 2:10 p.m. Shortly after leaving, while approaching the west ramp of Interstate Highway 265, Ms. Fuller noticed a black Chevrolet quickly closing the distance between the two cars. The car continued to follow her at an unsafe distance for approximately three to four minutes.
Rebecca Clemerson
November 25, 1996
Page 1
Ms. Clemerson reduced her speed. The black Chevrolet swerved around and in front
of Ms. Clemerson’s car. As it passed, both the protester and her passenger identified
Mr. Thomason as the driver. Two other witnesses, Tim Gibson and Fred Stephens, observed
Mr. Thomason as he left the parking lot at a high rate of speed just after Ms. Clemerson.
The protester also states that Mr. Thomason exited the freeway on the next ramp, which also leads to Ms. Clemerson’s home. Thereafter, Mr. Thomason re-entered the freeway and headed back toward the union hall. He was followed by Ms. Clemerson and her passenger. Upon arrival at the union hall, he entered and reappeared approximately five minutes later. Waving at Ms. Clemerson and her passenger, he again left the parking lot.
Mr. Thomason did not return any of the Adjunct Regional Coordinator’s telephone calls. He did submit a short letter, which confirms many of the facts recited by Ms. Clemerson. Referring to the protester as “Rebecca F. Clemerson, T.D.U. Supporter,” Mr. Thomason maintains in his letter that he was en route from his home to the union hall when he observed a “Japanese made car plastered with Ron Carey signs.” He then claims to have followed the car “since the Union Hall has been vandalized in the past few weeks by Ron Carey supporters.” Cf. He further states that Ms. Clemerson followed him at an “unsafe speed” as he “proceeded back to the Union Hall to make sure everything was in tact (sic).” His letter closes with the following statement:
The crux of the issue is simply put, should you find my action in violation of the Election Rules, certainly the charging party Rebecca F. Clemerson, T.D.U. Supporter is in violation of the same Election Rules she cited.
The Election Officer credits the statements of Ms. Clemerson. These statements are corroborated in their entirety by Ms. Fuller. The statements are further corroborated by
Messrs. Stephens and Gibson, to the extent of their opportunity to observe. The Election Officer has received no reports or protests alleging that Local 783’s union hall had been vandalized by supporters of Mr. Carey.
The Election Officer further concludes that Mr. Thomason harbors ill-will and hostility toward Ms. Clemerson because of her support for Mr. Carey, as demonstrated by his letter to the Election Officer, pointedly referring to Ms. Clemerson as “Rebecca F. Clemerson, T.D.U. Supporter.”
The Rules, at Article VIII, Section 11(f), state:
Retaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules is prohibited.
Rebecca Clemerson
November 25, 1996
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This section is violated when members engage in physically or verbally aggressive behavior that threatens actual harm. Passo, P-469-LU705-CHI et seq. (February 29, 1996) (finding intent to provoke physical confrontation violates Rules), aff’d in relevant part, 96 - Elec. App. - 124 (KC) (March 13, 1996); Lopez, P-456-LU743-CHI (April 10, 1996) (finding “I’ll
kill you” to violate Rules in light of ongoing animosity between parties); Cecere, P-935-
LU122-ENG (October 23, 1996) (charged party violated the Rules by driving his car at campaigners).
Mr. Thomason violated the Rules at Article VIII, Section 11(f) when he followed
Ms. Clemerson’s car at an unsafe distance for three to four minutes on November 17, 1996. Operating his automobile in this inherently dangerous manner and being motivated by considerations which relate directly to Ms. Clemerson’s preferences in the International election, Mr. Thomason’s actions constitute a threat of actual harm, under the Rules.
The Election Officer will not tolerate threats of violence or harm to anyone merely because they support a candidate for International office. Such conduct is the antithesis of the “fair, honest, open and informed” election contemplated in Article I of the Rules and in the Consent Decree. Should the Election Officer receive any other protests reporting this type of behavior by Mr. Thomason, she will refer the entire matter to the United States Attorney for the Southern District of New York for further action.
Accordingly, the protest is GRANTED.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
The Election Officer orders the following:
Mr. Thomason shall immediately cease and desist from following, harassing or retaliating against Ms. Clemerson or any other IBT member for exercising rights protected by the Rules. This cease-and-desist order requires Mr. Thomason not to engage in surveillance, not to follow Ms. Clemerson in a car and not to engage in any other acts of retaliation.
An order of the Election Officer, unless otherwise stayed, takes immediate effect
against a party found to be in violation of the Rules. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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:
Rebecca Clemerson
November 25, 1996
Page 1
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
Joe F. Childers, Adjunct Regional Coordinator