November 17, 1998
VIA FIRST CLASS MAIL
Walter C. Matthis
November 17, 1998
Page 1
Walter C. Matthis
8204 S. Lavergne
Burbank, IL 60459
Robert Sorice
8016 S. Major
Burbank, IL 60459
Walter C. Matthis
November 17, 1998
Page 1
Re: Election Office Case No. PR-385-LU705-NCE
Gentlemen:
Walter C. Matthis, 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 International Union Delegate and Officer Election (“Rules”) against Robert Sorice. Mr. Matthis alleged that Mr. Sorice, also a member of Local Union 705, removed campaign material which was properly posted on an employee bulletin board. Mr. Sorice admits that he did remove the campaign material.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
Both the protester and Mr. Sorice are employed by Roadway Express Company (“Roadway”) and serve as truck drivers at the West 51st Street facility in Chicago, Illinois. On Wednesday, November 4, 1998 at approximately 6:00 a.m., Mr. Matthis placed an item of campaign material on a bulletin board “that is used primarily for this purpose.” About forty-five minutes later, he observed Mr. Sorice remove it.
Mr. Sorice supports the election of Tom Leedham, a candidate for general president. He confirmed that the bulletin board which is the subject of this protest is used by “both sides” to post campaign material. He also stated that he removed the protester’s “Hoffa sticker” because campaign material that he posts are being regularly removed. Mr. Sorice further stated that the protester may be the person who is removing the campaign material because he saw him engage in that activity during the 1996 campaign.
Walter C. Matthis
November 17, 1998
Page 1
Pursuant to the Rules at Article VIII, Section 11(a), all union members retain the right to distribute and properly post campaign literature. However, the removal or defacement of properly posted campaign literature is not a appropriate exercise of these rights and constitutes a violation of the Rules. Engel, PR-302-LU710-NCE (October 30, 1998). See also, Amodio, P-1073-LU182/317-PGH (November 20, 1991); Teller, P-945-LU741-PNW (October 14, 1991); Fleeger, P-876-LU988-SOU (September 11, 1991); Blake, P-767-LU439-CSF (July 1, 1996).
Mr. Sorice admitted that he removed properly posted campaign literature from an employee bulletin board. He has therefore violated the Rules. He presented no evidence to show that Mr. Matthis had acted to remove any campaign materials he had posted. In any event, such a showing would not excuse Mr. Sorice’s improper conduct.
Accordingly, the protest is 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.
Mr. Sorice stated that, at the time of the investigation, he had ceased all of his previous activity to remove campaign material posted by Mr. Matthis and others and now “doesn’t touch” campaign literature supporting Mr. Hoffa. Regardless, the Election Officer orders Mr. Sorice to cease and desist from any conduct which violates the Rules including the removal of campaign literature posted by others.
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.
Walter C. Matthis
November 17, 1998
Page 1
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master