May 29, 1998
VIA UPS OVERNIGHT
Mario Garza
May 29, 1998
Page 1
Mario Garza
1759 South Prospect Street
Fresno, CA 93706
Phil Armstrong, Business Agent
Teamsters Local Union 431
1140 West Olive
Fresno, CA 93728
Jimmy D. Hammock, President
Teamsters Local Union 431
1140 West Olive
Fresno, CA 93728
Mario Garza
May 29, 1998
Page 1
Re: Election Office Case No. PR-103-LU431-PNW
Gentlemen:
Mario Garza, a member of Local Union 431, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”). Mr. Garza is a Local Union 431 shop steward at Certified Grocers. The protester alleged that Phil Armstrong, a business agent at Local Union 431, violated the Rules by wearing campaign paraphernalia during a grievance meeting with unrelated third parties. Mr. Armstrong admits the violation.
This protest was investigated by Regional Coordinator Christine M. Mrak.
At 10:00 a.m. Monday, May 18, 1998, a meeting was held with union and management representatives to discuss the discharge of a union member. At the meeting with the employer representatives of Certified Grocers, Mr. Garza, Mr. Armstrong, and Darrell Pratt, a business agent at Local Union 431, represented the discharged employee. The meeting was held in the employer’s conference room.
Mr. Armstrong wore a Hoffa shirt to the meeting. Mr. Armstrong stated that he had not been scheduled to attend the grievance meeting that day and only decided that morning to attend.
Mario Garza
May 29, 1998
Page 1
During the investigation, the protester also complained that Mr. Armstrong wore a Hoffa pin during a grievance meeting two weeks prior to the May 18, 1998, meeting. Mr. Armstrong admitted that he owned a Hoffa pin, but did not recall whether he wore the pin to the grievance meeting. Mr. Armstrong complained that Mr. Garza wore a Carey shirt to a prior grievance meeting, but admits Mr. Garza was not on union paid time.[1]
Union members, including union members who are officers and employees, have the right “to openly support or oppose any candidate [and] to aid or campaign for any candidate.” Rules, Article VIII, Section 11(a) and (b). The right specifically extends to members who serve as officers or employees of local unions. While no member has the right to campaign on work time, the Rules protect the rights of members to wear campaign buttons, shirts or hats while working.
However, union officers, business agents and union employees may not wear campaign-related paraphernalia or clothing at a meeting with unrelated third parties, including those activities at which grievances are resolved. See Advisory on Wearing Campaign Buttons and other Emblems (September 20, 1995) (“Advisory”). According to the Advisory, this restriction arises from the concern that the wearing of campaign “emblems” under such circumstances may inappropriately suggest that an IBT local union supports a particular candidate or groups of candidates. See Perras, P-1197-LU70-CSF (November 25, 1996).
Mr. Armstrong’s conduct violates the Rules because it creates the improper implication that Local Union 431 supports the Hoffa campaign.
This protest is hereby 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 directs Mr. Armstrong to cease and desist from wearing campaign emblems while engaging in activities with unrelated third parties. Additional violations could result in more severe remedies.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In In re Lopez, 96 - Elec. App. - 73 (KC)
(February 13, 1996).
Mario Garza
May 29, 1998
Page 1
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, Election Officer Representative
[1] Mr. Garza is an employee of Certified Grocers and therefore retains the right to wear campaign paraphernalia at his work site.