November 16, 1998
VIA FIRST CLASS MAIL
Joseph Allen
November 16, 1998
Page 1
Joseph Allen
1852 S. Allport, Apt. 3
Chicago, IL 60608
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Dane Passo
6811 West Roosevelt Road
Berwyn, IL 60402
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
C. Thomas Keegel
2433 Wight Bay
Brooklyn Park, MN 55443
Joseph Allen
November 16, 1998
Page 1
Re: Election Office Case No. PR-327-LU705-NCE
Gentlemen:
Joseph Allen, a member of Local Union 705, 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”) against Dane Passo, a member of Local Union 705 and a Hoffa campaign coordinator in Chicago, and James P. Hoffa, a candidate for general president.
Joseph Allen
November 16, 1998
Page 1
Mr. Allen alleges that on October 6, 1998, within the hearing of Mr. Hoffa, Mr. Passo stated to the protester, “ When we taken over this union, we’re going to get rid of people like you.” The protester claims this remark was retaliatory in violation of the Rules, due to the protester’s support of Tom Leedham, an opposing candidate for general president.
Mr. Passo denies making the statement. Mr. Passo stated that he blocked the protester from Mr. Hoffa and stated to the protester, “It’s people like you that are ruining this union.” Mr. Hoffa denies the contentions and states that the protester tried to run into Mr. Hoffa on or about October 6, 1998, and then had to be physically removed by supporters of Mr. Leedham because he was so “out of control.”
This protest was investigated by Regional Coordinator Judith E. Kuhn.
On September 28, 1998, the protester and other supporters of Mr. Leedham were in front of a United Parcel Service (“UPS”) facility in Chicago campaigning for Mr. Leedham. They were there for about thirty minutes, when Mr. Passo arrived with Mr. Hoffa and Bill Hogan. The protester contends that Mr. Passo came up to him to start an argument. The protester alleges
Mr. Passo stated, “Who are you to tell people how to run this union? You don’t know anything about this union. You’ve only been here for six months.” A heated exchange ensued. Later
Mr. Passo stated, “when we take over the union, we’re going to get rid of people like you.” The protester states that several people heard the conversation, including Messrs. Hoffa and Hogan who were nearby. There was no physical contact.
The protester provided two witnesses. Both witnesses basically corroborate the protester’s version of the events that Mr. Passo told the protester that “if Hoffa wins the election, he was going to get rid of stewards like him,” or “If [Passo] got into office, he was going to get rid of people like Allen in Local 705.”
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).
Joseph Allen
November 16, 1998
Page 1
While the Election Officer credits the corroborated statements of the protester that
Mr. Passo stated he would get rid of people like him, Mr. Passo’s statement is ambiguous and he is not in a position to take such actions. Mr. Passo made no physical threat to Mr. Allen. It is unfortunate that Mr. Passo would make such a remark in the context of an election race. However, the circumstances here do not trigger the protection of the Rules because it does not amount to retaliation under the Rules.
The protester denies ever having threatened or “rushed” Mr. Hoffa. Mr. Hoffa presented no witnesses to support this claim.
Accordingly, the protest is 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, 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