August 27, 1998
VIA UPS OVERNIGHT
Robert M. Lennox
August 27, 1998
Page 1
Robert M. Lennox, Secy. - Treas.
Teamsters Local Union 495
9101 East Whittier Boulevard
2nd Floor
Pico Rivera, CA 90660
Mauricio Terrazas
3800 Bradford Street, No. 233
La Verne, CA 91750
Thomas W. Leedham Campaign Office
Post Office Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Raul Rodriguez
13882 Stagecoach Circle
Victorville, CA 92392
Paul Alan Levy, Esq.
Public Citizen Litigation Group
1600 20th Street, NW
Washington, DC 20009
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Robert M. Lennox
August 27, 1998
Page 1
Re: Election Officer Case No. PR-202-LU495-PNW
PR-219-LU63-EOH
Gentlemen:
Related pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). Robert Lennox, the Secretary - Treasurer of Local Union 495, filed a pre-election protest (PR-202) against Mauricio Terrazas, a member of Local Union 63, and the Leedham Campaign. Raul Rodriguez, a member of Local Union 630, and Mr. Terrazas filed a pre-election protest (PR-219) against Mr. Lennox and Local Union 495.
In PR-202, Mr. Lennox alleges that Mr. Terrazas fraudulently obtained access to an employer facility in order to campaign for the Leedham Slate by claiming that he was sent by Local Union 495, the local union affiliated with the employer. He also claimed that Mr. Terrazas was wearing a Local Union 495 hat and t-shirt, in an attempt to further mislead the employer into thinking that he should be granted access to the facility. Mr. Terrazas denies impersonating a Local Union 495 representative or wearing Local Union 495 paraphernalia.
Robert M. Lennox
August 27, 1998
Page 1
In PR-219, the protesters allege that Mr. Lennox sent a letter to all of the employers within the jurisdiction of Local Union 495 directing them to refuse to allow the protesters access to the employer’s premises for campaigning. Mr. Lennox admits sending such a letter but argues that he did so in response to reports that the protesters were impersonating Local Union 495 representatives in order to gain access to some employer premises.
Due to their related facts, the protests were consolidated for decision by the Election Officer. These protests were investigated by Adjunct Regional Coordinator Paige I. Keys and Election Office Staff Attorney Peter F. Gimbrère.
On or about August 3, 1998, Mr. Terrazas went to the Ivy Hill-Warner Media Services facility in Los Angeles, California, to campaign for Thomas Leedham, a candidate for general president. Two employer representatives testified that Mr. Terrazas stated that he was “ from the Teamsters.” Neither representative recalls Mr. Terrazas stating anything about being sent from or associated with Local Union 495. Neither representative identified Mr. Terrazas as wearing Local Union 495 clothing. Mr. Terrazas was allowed into the facility, posted some campaign literature, and returned the next day to speak to employees during their lunch break. According to the employer representatives, Mr. Terrazas did not interrupt work. Mr. Terrazas corroborated this account. Mr. Terrazas stated that he was wearing a Local Union 63 hat and a Teamsters for a Democratic Union t-shirt.
Mr. Lennox was not present at the facility on either occasion when Mr. Terrazas entered and campaigned. He provided three witnesses to support his protest. The Election Officer interviewed all three. One witness admitted not being present. The other two witnesses essentially corroborated Mr. Terrazas’ version of the events. Specifically, they stated that while he was wearing a Teamster’s hat and shirt, they had no recollection of him wearing any Local Union 495 clothing, or otherwise identifying himself as a representative of Local Union 495.
On August 4, 1998, Mr. Lennox sent letter to approximately 150 employers within Local Union 495's jurisdiction. The letter, on Local Union 495 letterhead, stated as follows:
To Whom It May Concern:
Teamsters Local 495 has just learned the names of two (2) individuals who are attempting to gain illegal access to your facility. They are:
Mauricio Terrazas
Raul Rodriguez
If these two (2) individuals or any other individual requests access into the Company facility to explain and/or offer information regarding the upcoming IBT Election of Officers, [they] are not to be given access.
Robert M. Lennox
August 27, 1998
Page 1
No one other than the assigned Business Representatives (as listed below) should be allowed access inside the Company facility:
Robert M. Lennox, Secretary-Treasurer
Ken Walker, President
George A. Perk, Business Representative
Absalom “Abe” Gomez, Business Representative
Rigoberto “Rigo” Tirado, Business Representative
Sincerely,
TEAMSTERS AUTOMOTIVE, INDUSTRIAL
AND ALLIED WORKERS LOCAL NO. 495
[signature]
Robert M. Lennox
Secretary-Treasurer
Mr. Lennox admits distributing the letter to all Local Union 495 employers. He states that he sent this letter in order to stop only Messrs. Terrazas and Rodriguez from improperly gaining access to any employer facilities. Mr. Lennox admitted, however, that the only visit he had heard of was a visit to the Ivy Hill facility. He also admitted that the prohibition in the letter was overbroad due to its application to “any other individuals.”
Article VIII, Section 11(a) of the Rules states the following about a members right to campaign:
All Union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. This includes, but is not limited to, the right to distribute campaign literature and to otherwise solicit support for a member’s candidacy . . ..
With respect to the right of members to campaign inside employer facilities, Article VIII, Section 11(d) of the Rules provides:
Robert M. Lennox
August 27, 1998
Page 1
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
In addition to requiring that any employer that allows any member inside its facility to campaign that employer must then allow other members the same access, Article VIII, Section 11(e) also recognizes and protects a limited right of access to nonwork areas of the employers’ parking lots for the purpose of campaigning. Therefore, employers must permit campaign access to parking lots and may permit access within their facilities.
In PR-219, Mr. Lennox’s letter of August 4 violates the Rules. The letter requests, in the name of Local Union 495, that employers bar Messrs. Terrazas and Rodriguez, and any other Teamster members, from entering company facilities to campaign or offer information about the IBT International officer election. Furthermore, the letter requests that employers deny access regardless of any preexisting right to campaign previously established by an employer. As such, the letter improperly restricts the right of the protesters and others to campaign.
With respect to PR-202, the Election Officer finds that there is no evidence to support Mr. Lennox’s assertion that Mr. Terrazas ever impersonated a Local Union 495 representative in order to gain access to the Ivy Hill facility.
Accordingly the protest is GRANTED in part; and DENIED in part.
When the Rules have been violated, the Election Officer “may take whatever remedial action is appropriate.” Rules, 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.
To remedy the violation by Mr. Lennox, the Election Officer orders the following:
1. Mr. Lennox and Local Union 495 shall immediately cease and desist from interfering with the rights of members to campaign;
2. Within three (3) days of receipt of this decision, Mr. Lennox and Local Union 495 shall send the attached letter, by postage prepaid first-class mail and typed on official Local Union 495 letterhead, to all of the employers within Local Union 495's jurisdiction, including all of those who were sent the August 4 letter. Mr. Lennox shall simultaneously send a copy of the letter to Mr. Terrazas c/o Local Union 63, to Mr. Rodriguez c/o Local Union 630 and to the Election Officer;
3. Within five (5) days of receipt of this decision, Mr. Lennox and Local Union 495 shall send an affidavit to the Election Office detailing their compliance with these orders.
Robert M. Lennox
August 27, 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
Enclosure
cc: Kenneth Conboy, Election Appeals Master
Christine M. Mrak, Election Office Representative
Paige I. Keys, Adjunct Regional Coordinator
“Letter to Employers in the Jurisdiction of Teamster Local Union 495”
Dear Employer:
I have been ordered by Election Officer Michael G. Cherkasky to send this letter advising you to disregard my earlier letter dated August 4, 1998. In a recent decision, the Election Officer determined that the earlier letter violated the Election Rules by improperly restricting the right of Teamster members to campaign for candidates in the IBT International Officer Rerun Election. I have been ordered to immediately cease and desist from such conduct.
This letter is being sent to ensure that you understand the right of access to employer premises that Teamster members enjoy for the purposes of campaigning.
As the attached Advisory makes clear, the Rules state that employers must permit campaign access to parking lots in areas where employees park. An employer may also be required to permit access to members to campaign within their facilities in accordance with Article VIII, Section 11(d) which states:
No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.
Therefore, if you have previously permitted access or if you wish to do so, it is permissible and, if allowed in the past, required, by the Election Rules. Any improper restriction of candidate or campaign supporter access violates the Rules.
If you have any questions regarding this Advisory, please contact the Election Officer at 444 North Capitol Street, NW, Suite 445, Washington, DC 20001; Telephone (800) 565-VOTE; Fax (202) 624-3525.
_________________________
Robert M. Lennox
Secretary - Treasurer, Local Union 495