December 5, 1995
VIA UPS OVERNIGHT
Gerald Jagodzinski
December 5, 1995
Page 1
Joseph Bernstein, President
Teamsters Local Union 781
310 S. Ashland Avenue
Chicago, IL 60607
Gerald Jagodzinski
5820 South Grant
Hinsdale, IL 60521
Sherman Carmell
Carmell, Charone & Widmer
225 W. Washington Street, Suite 1000
Chicago, IL 60606
Gerald Jagodzinski
December 5, 1995
Page 1
Re: Election Office Case No. P-240-LU781-CHI
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”) by Local Union 781 President Joseph L. Bernstein, who alleges that Gerald Jagodzinski, a candidate for delegate for Local Union 781, violated Article VIII, Section 1(d) of the Rules by using a work-site list for a purpose other than campaigning.
The protester furnished a work-site list to Mr. Jagodzinski pursuant to the order of the Election Officer in Jagodzinski, Case No. P-150-LU81-CHI (September 12, 1995), aff’d,
95 - Elec. App. - 22 (KC) (October 10, 1995). Mr. Bernstein alleges that Mr. Jagodzinski used information gained from the list to challenge the local union’s use of one of the listed employers to print, mail and count ballots for the Local Union 781 officer election.
Mr. Jagodzinski responds that he had learned both that the employer was a Local Union 781 employer, and that the employer had provided services in previous local union elections, prior to reading the work-site list. He explains that he learned that the employer will provide services to the Local Union 781 officer election when he received a copy of the “Rules for the 1995 Election of Officers of Local Union 781.” Thus, he denies that he used information obtained from the work-site list for any purpose other than campaigning.
Gerald Jagodzinski
December 5, 1995
Page 1
Regional Coordinator Julie E. Hamos investigated the protest.
Local Union 781 provided Mr. Jagodzinski with a work-site list on November 2, 1995. On November 13, 1995, Mr. Jagodzinski received a copy of the rules for the Local Union 781 officer election, which state that Chicago Addressing Merchants Company (“Chicago Addressing”) will be printing and mailing ballots in the Local Union officer election. On the same day, Mr. Jagodzinski wrote and delivered a letter to Local Union 781 President Bernstein protesting the use of Chicago Addressing to provide services in the local union officer election.
In his letter to Mr. Bernstein, Mr. Jagodzinski used the employer number designated on the work-site list. Mr. Bernstein argues that the use of that number raises a presumption that the Rules have been violated, and the burden should shift to the protester to demonstrate that he learned that Chicago Addressing was an employer from a source other than the work-site list.
Mr. Jagodzinski states that he has been a Local Union 781 member for 23 years, and in the course of running for other local union positions, he has learned of various employers whose employees are represented by Local Union 781, including Chicago Addressing. In view of Mr. Jagodzinski’s experience, the Election Officer finds that it is credible that he learned of Chicago Addressing prior to receiving the work-site list on November 2, 1995. The protester has provided no proof to the contrary. Mr. Jagodzinski’s use of the employer number from the work-site list does not by itself indicate a use of the work-site list, in violation of the Rules.
The protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one 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 and Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Gerald Jagodzinski
December 5, 1995
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Julie Hamos, Regional Coordinator