November 3, 1998
VIA FIRST CLASS MAIL
Michael P. Hennessy
November 3, 1998
Page 1
Michael P. Hennessy
218 Woodlawn Avenue
Collingdale, PA 19023
James S. Merritt, Sec.-Treas.
Teamsters Local Union 623
4369 Richmond Street
Philadelphia, PA 19137
Bill Shanahan, Trustee
Teamsters Local Union 623
4369 Richmond Street
Philadelphia, PA 19137
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
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Michael P. Hennessy
November 3, 1998
Page 1
Re: Election Office Case No. PR-341-LU623-EOH
Gentlemen:
Michael Hennessy, a member of Local Union 623, 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 Jim Merritt and Bill Shanahan, secretary-treasurer and trustee of Local Union 623, respectively. The protester alleges that on October 18, 1998, Messrs. Merritt and Shanahan removed and destroyed Hoffa signs that were posted on utility poles in the vicinity of the UPS facility at Philadelphia Airport, in violation of the Rules.
Mr. Merritt admits that he and Mr. Shanahan were posting campaign signs related to the officer election in Local Union 623 on poles along the access road leading to the UPS facility, but denies removing or destroying Hoffa signs.
This protest was investigated by Election Office Staff Attorney Kathryn A. Naylor.
Michael P. Hennessy
November 3, 1998
Page 1
The investigation revealed that the utility poles in question are located on Hog Island Road, a public access road leading to the UPS facility.
The Rules at Article VIII, Section 11(a) protect the right of union members to distribute literature and solicit support for candidates outside a meeting hall. Under Article VIII, Section 11(d) authorizes union members to use employer or union bulletin boards for campaign publicity assuming that a pre-existing right has been established. That same section permits the distribution of campaign literature at campaign events occurring on employer or union premises where such activity has been previously allowed. A right to distribute campaign literature at an employer parking lot is available, within certain limitations, under Article VIII, Section 11(e) of the Rules.
The Rules, however, do not grant any right to distribute, post or receive campaign material at any other locations. Union members who choose to post campaign materials on public utility poles or public signs existing along public streets or sidewalks are not engaging in conduct which is either protected or sanctioned by the Rules.
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
Michael P. Hennessy
November 3, 1998
Page 1
cc: Kenneth Conboy, Election Appeals Master