Protest Decisions

January 30, 1997

VIA UPS OVERNIGHT

Jeffrey Cederbaum

12 Rocky Glen

Seymour, CT  06483

Harold D. Frost

12 Jordan Avenue

Shelton, CT  06484

Re:  Election Office Case No. Post-36-LU1150-ENG

Gentlemen:

A post-election protest was filed pursuant to Article XIV, Section 3(a) of the Rules

for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by

Jeffrey Cederbaum, a member of Local Union 1150, alleging that he was physically threatened in retaliation for his support of Ron Carey, successful candidate for general president of the IBT.

The protest was investigated by Associate Regional Coordinator David F. Reilly.

The protester contends that during a conversation with Robert Morrow, a co-worker at Sikorsky Aircraft Company (“Sikorsky”), Mr. Morrow mentioned that another Sikorsky employee, Harold D. Frost, had stated to Mr. Morrow a day or two earlier that “if he ever caught Jeff Cederbaum outside of the shop, he was going to kick his ass!” 

The investigation revealed the following:  the protester had been an active and vocal supporter of Mr. Carey and had run unsuccessfully on a slate of delegates supporting Mr. Carey;  Mr. Frost had actively supported Mr. Hoffa; Messrs. Cederbaum and Frost work for Sikorsky at different locations and normally do not see each other as part of their employment; and there is no history of violence between these two men.

Jeffery Cederbaum

January 30, 1997

Page 1

Mr. Cederbaum did not himself hear the alleged threat by Mr. Frost.  The only person who heard the threat was Mr. Morrow, who works at the same location as Mr. Frost and is an acquaintance of both Messrs. Frost and Cederbaum.  Mr. Morrow states that on January 14, 1997, Mr. Frost stated to Mr. Morrow that if he ever met Mr. Cederbaum outside the workplace, he was “going to kick his ass.”  Mr. Morrow stated that the manner in which Mr. Frost made the comment led him to believe that Mr. Frost did not intend to carry out the threat and was simply “blowing off steam.”

Mr. Morrow describes Mr. Frost as someone he has known for a long time, both in and out of work.  Mr. Morrow believe that Mr. Frost was not aware that he was acquainted with

Mr. Cederbaum, or he would not have made the comment to him.  Mr. Morrow states that the statement was made during a conversation with Mr. Frost which was actually initiated by

Mr. Morrow.  The conversation eventually got around to a previous protest Mr. Frost had filed against Mr. Cederbaum and others for publicizing a decision of the Election Officer.[1] 

Mr. Morrow states that Mr. Frost’s comments were made in response to comments made by

Mr. Morrow.  Mr. Morrow states that Mr. Frost was not outraged or angry when he made the comments, but made them in an almost conversational tone of voice.  Mr. Morrow states that he thought Mr. Frost was just “tooting his horn” and that nothing would ever come of the comment.

Mr. Frost stated to the investigator that he had no recollection of any conversation with Mr. Morrow.

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

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.

The Election Officer has previously stated that conduct is not retaliatory unless it “embodies a palpable threat of actual harm.”  Blake, P-785-LU630-CLA (June 19, 1996).  See also Dunn, P-110-LU25-BOS (July 28, 1995), aff’d, 95 - Elec. App. - 8 (KC) (August 21, 1995); Kelly, P-600-LU705-CHI et seq. (March 27, 1991); Schweitzer, P-672-LU896-CLA (March 25, 1991), aff’d, 91 - Elec. App. - 118 (SA) (April 31, 1991); In Re: Sullivan, 95 - Elec. App. - 2 (KC) (July 14, 1995).

In the context presented here, the Election Officer does not find retaliation.  First, the comment was not made to Mr. Cederbaum.  Second, it was made in a conversation during which Mr. Frost was expressing his irritation, in a conversational tone of voice, at actions taken by

Jeffery Cederbaum

January 30, 1997

Page 1

Mr. Cederbaum and others in publicizing a decision of the Election Officer.  Finally, there is no history of violence between the protester and Mr. Cederbaum.  See Perras, P-1197-LU70-CSF (November 25, 1996) (comment “[i]f I catch anyone defacing my stuff, I’ll kick their asses,” not violative of Rules where there was no history of violence and it was made in a joking manner.).

Accordingly, the protest is DENIED.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within three (3) days 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