February 18, 1998
VIA UPS OVERNIGHT
Gordy Teller
February 18, 1998
Page 1
Gordy Teller
22332 17th Place West
Bothell, WA 98021
Clyde Hunter
Teamsters Local Union 741
552 Denny Way
Seattle, WA 98109
Spero G. Rockas, Sec.-Treas.
Teamsters Local Union 741
552 Denny Way
Seattle, WA 98109
Gordy Teller
February 18, 1998
Page 1
Re: Election Office Case No. PR-059-PNW
Gentlemen:
Gordy Teller, a member of Local Union 714 and an International Representative, 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 on January 30, 1998, while working on the National Master Freight (“NMFA”) negotiations at the Consolidated Freight (“CF”) terminal in Woodinville, Washington, Local Union 741 Steward Clyde Hunter verbally assaulted the protester and threatened him with physical harm due to his support of the Carey campaign.
Mr. Hunter admits that he made the remarks to Mr. Teller but denies he would actually act on his hostile feelings towards Mr. Teller. Mr. Hunter asserts that he can verbally abuse Mr. Teller all he wants and no one is going to do anything to him until he “pops” him. Mr. Hunter further states that the Election Officer is working for Mr. Teller.
This protest was investigated by Regional Coordinator Christine M. Mrak.
Mr. Teller is employed by the IBT as an International Field Representative. He was assigned to build rank and file support for the NMFA negotiations. The IBT had sent out petitions to the pertinent local unions to have members sign in support of the union’s negotiating demands. Local Union 741 gave the petitions to Mr. Hunter to circulate among the CF employees at the Woodinville terminal. Mr. Hunter did not circulate the petitions.
Gordy Teller
February 18, 1998
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Since Mr. Teller had been advised that the petitions were not being circulated in the terminal, he went to the CF terminal to circulate the petitions. Mr. Teller was accompanied by Bill Zimmerman, a member of Local Union 206, who has a special assignment to work on the NMFA effort. Messrs. Teller and Zimmerman were in the breakroom discussing the petition with a couple of members when Mr. Hunter walked into the room. Upon seeing Mr. Teller, Mr. Hunter immediately told him to get out of his way or he would knock him to the floor. Mr. Hunter then began a diatribe against Mr. Teller to Mr. Zimmerman, referring to Mr. Teller as a “piece of garbage” who never organized anything, and questioned why Mr. Zimmerman would
associate with Mr. Teller. Mr. Teller did not respond to Mr. Hunter. After a while, Mr. Hunter left.
The investigator interviewed Mr. Hunter for about 45 minutes. During this conversation, Mr. Hunter made the following statements: On January 30, he told Messrs. Teller and Zimmerman, “You guys are working for Carey and Carey’s gone.” Mr. Hunter says they told him they were working for the contract. Mr. Hunter also states that he told Mr. Teller to “get the hell out of my way or I’ll knock you down.” Mr. Hunter also stated to the investigator that “He’s a Carey suck-butt;” “I don’t want him within 100 feet of me” or “anywhere near me” and
“If he gets near me he’s gonna get hurt.”
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.
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).
Gordy Teller
February 18, 1998
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There is little question that Mr. Hunter’s threats to Mr. Teller are motivated by Mr. Teller’s exercise of rights under the Rules. In Fall, 1997, when Mr. Teller was in the CF breakroom passing out NMFA stickers to members as part of the contract negotiation campaign, Mr. Hunter entered the room and accused Mr. Teller of being there to campaign for Carey and hurled obscenities at him, including referring to him as “dogshit.” During the 1991 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 was also found to have seriously violated the Rules by threatening Mr. Teller with assault during the initial election. Teller, P-1296-LU174-PNW (December 3, 1996). In that decision, the Election Officer made clear the remedy for further acts of retaliation by Mr. Hunter:
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, he/she will refer the entire matter to the United States Attorney for the Southern District of New York for further action.
There is little question that Mr. Hunter threatened to physically harm Mr. Teller, and made further threats during his conversation with the investigator.
Accordingly, the protest is GRANTED.
When the Election Officer determines that the Rules have been violated, he “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 views this as an extremely serious violation and therefore orders that the following actions be taken:
1. The Election Officer will refer this matter to the United States Attorney for the Southern District of New York for further investigation and action.
2. Mr. Hunter shall immediately cease and desist from interfering with the right of Mr. Teller to exercise any right under the Rules. For the duration of the International officer election, Mr. Hunter shall not come within fifteen feet of Mr. Teller at any time.
3. Within two (2) days of the date of this decision, Spero G. Rockas, secretary-treasurer of Local Union 741, shall have Mr. Hunter execute the attached “Notice to Members of Local Union 741 at Consolidated Freight” and within three (3) days of the date of this decision, have the notice posted on all bulletin boards at the CF Woodinville facility. This notice shall remain posted for the duration of the International officer election. Within one (1) day of completing this posting, Mr. Rockas shall file an affidavit with the Election Officer detailing the local union’s compliance with this order.
Gordy Teller
February 18, 1998
Page 1
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 (1) 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, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
Christine M. Mrak, Regional Coordinator
NOTICE TO MEMBERS OF LOCAL UNION 741 AT CONSOLIDATED FREIGHT
The Election Officer has found that I, Clyde Hunter, retaliated against Gordy Teller and threatened Mr. Teller with physical harm for exercising his rights under the Election Rules.
I have been ordered to cease any attempts at retaliation. I have also been ordered not to come within fifteen feet of Mr. Teller for the duration of the International officer election.
________________________ ____________________________
Date Clyde Hunter
Steward
This is an official notice which must remain posted through the end of the International officer election and must not be defaced or altered in any manner or be covered with any other material.
Approved by Michael G. Cherkasky, IBT Election Officer.