October 5, 1998
VIA FIRST CLASS MAIL
Pedro Muñoz
October 5, 1998
Page 1
Pedro Muñoz
5433 W. National Avenue
Apt. #219
West Milwaukee, WI 53214
Frederick J. Scheuerell
5923 W. Bluemond Road #1
Milwaukee, WI 53213
Rick Schermerhorn
Business Agent
Teamsters Local Union 200
6200 W. Bluemond Street
Milwaukee, WI 53213
Frank Busalacchi, Sec.-Treas.
Teamsters Local Union 200
6200 W. Bluemond Street
Milwaukee, WI 53213
Tom Leedham Campaign Office
P.O. Box 15877
Washington, D.C. 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Jack Maddrom, President
Dave Hamilton, VP Operations
Central Ready Mixed Concrete
5013 West State Street
Milwaukee, WI 53208
Pedro Muñoz
October 5, 1998
Page 1
Re: Election Office Case No. PR-227-LU200-NCE
No. PR-235-LU200-NCE
Gentlemen:
Pedro Muñoz and Fred Scheuerell, both members of Local Union 200, filed pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against Rick Schermerhorn, a Local Union 200 business agent. In PR-227, Mr. Muñoz alleged that Mr. Schermerhorn (1) removed his campaign literature, (2) tampered with his work vehicle, (3) instructed other members to reject his attempts to discuss the election, and (4) posted a copy of his protest in the workplace. Mr. Muñoz further alleged that Mr. Schermerhorn took all of these actions in retaliation for his support of
Tom Leedham, a candidate for general president. In PR-235, Mr. Scheuerell alleged that
Pedro Muñoz
October 5, 1998
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Mr. Schermerhorn removed campaign literature posted by him and repeated the allegation that Mr. Schermerhorn instructed other members to refuse his attempts to discuss the election. During the investigation, Mr. Scheuerell additionally alleged that Mr. Schermerhorn also tampered with a vehicle used by him in connection with work. Mr. Schermerhorn denied all of the allegations.
The protests were investigated by Regional Coordinator Judith E. Kuhn. Since the protests contain similar allegations, the Election Officer consolidated the cases.
The protesters are employed as drivers for the Central Ready-Mix Company (“Ready-Mix”) of Milwaukee, Wisconsin. The drivers at Ready-Mix are represented by Local Union 200 and Mr. Schermerhorn is assigned as their business agent. The protesters began to campaign for Mr. Leedham in late July 1998. Mr. Schermerhorn does not support the candidacy of
Mr. Leedham. There is evidence of hostility existing between Mr. Muñoz and Mr. Schermerhorn which pre-dates Mr. Muñoz’s campaign activity on behalf of Mr. Leedham. Mr. Muñoz has been active in recent attempts to have Mr. Schermerhorn replaced as the Ready-Mix business agent for reasons which are not related to the election.
Mr. Muñoz admits that he has no evidence to show that any member has been instructed or requested by Mr. Schermerhorn not to speak to either protester about the election.
Mr. Scheuerell states that he posted campaign literature supporting Mr. Leedham on the walls of the Ready-Mix drivers’ room on August 6, 1998. The next day, he noticed that this literature had been removed. Neither protester submitted any evidence implicating Mr. Schermerhorn or disclosing any other information about the removal.
The evidence indicates that on August 11, 1998, the air-brakes failed on a truck operated by Mr. Muñoz. On August 26, 1998, the dashboard of another truck driven by Mr. Muñoz caught fire. Mr. Muñoz presented no evidence to show the cause of either event. A Ready-Mix mechanic provided evidence establishing that the air-brake system on Mr. Muñoz’s truck failed due to the slow weather-related deterioration of a system component. The cause of the fire was determined to be heat from a group of electrical wires packed too closely together. The evidence also indicates that the truck which caught fire was not the vehicle usually driven by Mr. Muñoz.
The Ready-Mix mechanic further verified that the directional lights failed on a truck operated by Mr. Scheuerell on August 11, 1998. His examination revealed that wires controlling the directional lighting system were pushed into the path of the windshield wiper arm during a prior repair, wearing away the insulation over time and eventually causing a separation. The mechanic further noted that, in order to tamper with the directional wires, it would be necessary to first remove the glove box.
Pedro Muñoz
October 5, 1998
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Mr. Muñoz requested that his protest be withdrawn on August 28, 1998. Thereafter, he learned that a letter from the Election Officer acknowledging the filing of Mr. Muñoz’s protest was posted at the Ready-Mix facility. On August 29, 1998, Mr. Muñoz requested that his protest be reinstated. Mr. Schermerhorn admits that he posted the Election Officer’s ackowledgement letter written in connection with P-227. Mr. Schermerhorn denies any improper motivation and states that the posting was “designed to inform the membership concerning the allegations which had been made.”
Article VIII, Section 11(f) of the Rules prohibits retaliation against any member by any local union or the employees of any local union for exercising any right guaranteed by the Rules. To sustain a violation of this section, some evidence must be presented or disclosed which expressly or inferentially connects the conduct which is alleged to be improper to activity protected by the Rules. Giacumbo, P-100-IBT-PNJ (October 13, 1995); Salucci, P-178-LU552-MOI (October 31, 1995); Rogers, P-1346-IBT-NYC (March 4, 1997), aff’d, 97 - Elec. App. - 320 (KC) (March 17, 1997).
The evidence fails to provide a basis to sustain either protest. There is no evidence that Mr. Schermerhorn removed any campaign literature posted by the protesters or ever obstructed either protester in their efforts to campaign for Mr. Leedham. There is no evidence to establish that either the air-brake failure, the fire or the directional light malfunction was caused by
Mr. Schermerhorn. Mr. Schermerhorn admits that he posted the Election Officer’s letter, but there is insufficient evidence to show that this action caused either protester any adversity or was related to a retaliatory purpose.
Accordingly, the protests are DENIED.
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,
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October 5, 1998
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Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Regional Coordinator