IN RE: PETE CEFALU,
Protest Decision 2000 EAD 58
Issued: December 11, 2000
OEA Case No. PR102501MW
Pete Cefalu, a member of Local 200, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules")against Local 200. The protester alleges that on October 14 and 17, 2000, anonymous threatening notes were left at his home in retaliation for his support of the Tom Leedham slate. He believes that Local 200's leadership is responsible for these threats.
Election Administrator representative Michael Nicholson investigated the protest.
Findings of Fact
On October 14, 2000, after Cefalu attended a Tom Leedham rally, he returned home and was informed by his wife that she had found an anonymous note on the door of their home that said "For Pete's sake this should be enough."
On October 17, 2000, Mrs. Cefalu found another note on the door of their home. It said, "Better watch your step, Pete." At the bottom of the note was a foot drawn with a hole in it.
Cefalu reported these incidents to the West Allis, Wisconsin police department, which conducted an investigation. The department was not able to establish the identity of the individual who left these two notes at the Cefalu residence. The Election Administrator could also not establish such identity.
Cefalu believes that the threatening notes are attributable to the "leadership" of Local 200, since Cefalu has in the past been critical of that leadership and has supported a different candidate for International President than they support.
Analysis
Article VII, Section 11(g) of the Rules states that "[r]etaliation 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 conduct alleged here is clearly violative of these provisions of the Rules.
However, the conduct here cannot be attributed to Local 200 or its leadership based on the evidence offered during our investigation. As is true of the West Allis police, we can proceed no further without evidence tying the threats here to any individual.
For the foregoing reasons, the protest is DENIED. If any further evidence becomes available that ties the misconduct here to any person under the jurisdiction of the Election Administrator, we will reopen this case for further consideration.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Administrator. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 25 Louisiana Ave., NW, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
Dennis Sarsany
2000 EAD 58
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
645 Griswold
Penobscot Building
Suite 1800
Detroit, MI 48226
Tom Leedham c/o Stefan Ostrach
110 Mayfair Lane
Eugene, OR 97404
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Teamsters Local 200
6109 Anglin Dr.
Milwaukee, WI 53201
Pete Cefalu
2949 S. 90th Street
West Allis, WI 53227