Protest Decisions

December 3, 1996

VIA UPS OVERNIGHT

Gordy Teller

December 3, 1996

Page 1

Gordy Teller

c/o Teamsters Local Union 174

553 John Street

Seattle, WA  98109

Clyde Hunter

Teamsters Local Union 741

552 Denny Way

Seattle, WA  98109

Spero G. Rockas, Secretary-Treasurer

Teamsters Local Union 741

552 Denny Way

Seattle, WA  98109

Gordy Teller

December 3, 1996

Page 1

Re:  Election Office Case No. P-1296-LU174-PNW

Gentlemen:

Gordy Teller, a member of Local Union 174, 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 while campaigning in the break room at the Woodinville terminal of Consolidated Freightways (“CF”) he was physically threatened by Clyde Hunter, a member of Local Union 741, and asked to leave the facility by CF Manager Mike LaPonte.

Mr. Hunter responds that he might have exchanged heated words with Mr. Teller, but he never touched him. 

This protest was investigated by Regional Coordinator Christine M. Mrak. 

Gordy Teller

December 3, 1996

Page 1

Mr. Teller is regularly employed by the IBT as an organizer and has taken vacation time to campaign for Ron Carey, a candidate for reelection as general president.  On November 21, 1996, at about 6:15 p.m., Mr. Teller was campaigning for Mr. Carey in the CF break room.  He was talking to two employees when Mr. Hunter came into the break room.  Mr. Teller states that after a few minutes, Mr. Hunter rose up and stated to these employees, “Don’t listen to a f------ thing this guy says.  That f------ Ron Carey is a worthless f------- a--hole.”  Mr. Hunter then turned to Mr. Teller and told him that he was nothing but a pile of dogshit.  Mr. Teller states that he knew better than to react because he regards Mr. Hunter as a violent person.  Mr. Teller relates that Mr. Hunter then told Mr. Teller he was not supposed to be there and ordered Mr. Teller to leave.  Mr. Teller states that he replied, “I’m not leaving because you say so.”  Then Mr. Hunter said, “Oh, yes you are.  I have some business to attend to and when I return, if you’re not out of here, we’ll settle this in the parking lot.” 

Mr. Teller states that he replied, “Don’t threaten me,” to which Mr. Hunter responded, “That’s not a threat, that’s a promise.” 

Shortly thereafter, Mr. Hunter called the manager, Mr. LaPonte, in and told him to kick Mr. Teller out.  Mr. LaPonte stuck his head in the room and told the two men to break it up.  Mr. LaPonte then told Mr. Teller to leave or he would have to call the police.  Mr. Teller responded that Mr. LaPonte should go ahead and call the police because he was talking to employees in a nonwork area on nonwork time.  Mr. LaPonte responded, “I’m asking you to leave because these guys are working.”[1]

Mr. Hunter states that the break room is used by drivers to do their paperwork and that is what they were doing when Mr. Teller was there.  Mr. Hunter states he argued that the union was in trouble because of Mr. Carey.  Mr. Hunter concedes that “in the heat of the moment, things might have been said, but I didn’t touch him.”  Mr. Hunter also concedes that he might have told Mr. Teller, “I wouldn’t be in the parking lot when I get out there.”

During his interview with the investigator, Mr. Hunter made the following statements:  “Teller is a geek.  He’s not a man as far as I’m concerned.  He doesn’t handle things like man -- he says he’s going to tell the Election Officer . . . I can’t be within 100 feet of Teller.  The bottom line is I didn’t touch him so what is anybody going to do to me?  Lots of people are upset with this guy.  We didn’t do anything to him -- yet . . .”

Article VIII, Section 11(f) of the Rules provides: 

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.

Gordy Teller

December 3, 1996

Page 1

Article VIII, Section 11(f) is violated when members engage in physically or verbally aggressive behavior that threatens actual harm.  Cecere, P-935-LU122-ENG (October 23, 1996) (driving car at campaigners and swerving before hitting them); Passo, P-469-LU705-CHI et seq. (February 29, 1996) (intentionally provoking physical confrontation), aff’d in relevant part, 96 - Elec. App. - 124 (KC) (March 13, 1996); Lopez, P-456-LU743-CHI

(April 10, 1996) (saying “I’ll kill you” where ongoing animosity exists between parties); Smith, P-600-LU150-CSF (April 30, 1996) (saying “you’ll be taken out of here in a body bag”); Kelly, P-600-LU705-CHI et seq. (March 27, 1991) (aggressively threatening to “kick their ass” made in menacing manner).

Mr. Teller credibly expressed to the investigator his genuine fear of Mr. Hunter.  There is little question that Mr. Hunter threatened to physically harm Mr. Teller, and made a more veiled threat during his conversation with the investigator.  During the last election, the Election Officer found that Mr. Hunter physically assaulted Mr. Teller in violation of the Rules.  See Teller, P-1086-LU741-PNW (December 27, 1991).  Mr. Hunter’s threats to

Mr. Teller violate the Rules and will not be tolerated.  Should the Election Officer receive any other protests reporting this type of behavior by Mr. Hunter, she will refer the entire matter to the U.S. Attorney for the Southern District of New York for further action.

As to the allegations about Mr. LaPonte ordering Mr. Teller to leave the property,

Mr. Teller admits that the employees he was talking to may have been working.  Thus, there is no violation of the Rules based on the evidence presented.

Accordingly, the protest is GRANTED as to the threat made by Mr. Hunter and DENIED in all other respects.

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 Mr. Hunter to take the following actions:

1.  Mr. Hunter shall immediately cease and desist from physically threatening

Mr. Teller.

2.  Within one (1) day of receipt of this decision, Local Union 741 shall post the attached “Notice to Members of Local Union 741 Employed at Consolidated Freight” on all union bulletin boards at the CF facility involved in this protest.  Within one (1) day of completing the posting, Mr. Hunter shall file an affidavit with the Election Officer detailing his compliance with this order.

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).

Gordy Teller

December 3, 1996

Page 1

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

Christine M. Mrak, Regional Coordinator

NOTICE TO MEMBERS OF LOCAL UNION 741 EMPLOYED AT CONSOLIDATED FREIGHTWAYS

You have the right to participate in campaign activities on behalf of candidates for International office.  You have the right to run for office, to openly support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.

In a recent decision, the Election Officer found that a supporter of a candidate for International office was threatened with physical violence, in violation of the Election Rules.

The Election Officer will not permit or condone any threats, intimidation or harassment of any IBT member for his/her participation in the International officer election.  The Election Officer will not hesitate to impose the most severe sanctions against any person engaging in such threatening, intimidating or harassing activities.

Anyone subject to such conduct should immediately file a protest with the Election Officer at 400 N. Capitol Street, N.W., Suite 855, Washington, D.C. 20001; telephone (800) 565-VOTE or (202) 624-3500; facsimile (202) 624-3525.

_____________________                                          ____________________________

Date                                                                                                  Barbara Zack Quindel

Election Officer

This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.