February 6, 1996
VIA UPS OVERNIGHT
Alan G. Evans
February 6, 1996
Page 1
Alan G. Evans
12062 S.W. 117th Street #142
Miami, FL 33186
Tony Cannestro, President
Teamsters Local Union 769
8350 N.W. 7th Avenue
Miami, FL 33150
Javier F. Acevedo
6758 Canary Palm Circle
Boca Raton, FL 33433
Dante Memmolo
1901 N. 36th Avenue
Hollywood, FL 33021
Alan G. Evans
February 6, 1996
Page 1
Re: Election Office Case No. P-302-LU769-SEC
Gentlemen:
Alan G. Evans, a member of Local 769 and a candidate for delegate from Local 769 on the “South Florida Teamsters for Ron Carey” slate, filed two protests, which were consoli-dated into one case number, pursuant to Article XIV, Section 2(b) of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election (“Rules”), each discussed in turn. The first alleges that immediately prior to the Local 769 delegate nomination meeting, Dante Memmolo, a candidate for delegate on the same slate, received a threatening telephone call at his home intended to discourage him from becoming a candidate. The protester believes that the phone call was made by a member of the opposing slate headed by Tony Cannestro, Sr., the president of the local union.
Local Union 769 Secretary-Treasurer Bob Belans states on behalf of the “Tony Cannestro, Sr. ‘Teamsters 769 First’ Slate,” that no member of the slate has any knowledge of the alleged threat to Mr. Memmolo.
Alan G. Evans
February 6, 1996
Page 1
The protest was investigated by Regional Coordinator J. Griffin Morgan.
Local Union 769 held its nomination meeting on Saturday, January 6, 1996 at
9:00 a.m. at the local union hall. Prior to the nomination meeting, seven members of Local Union 769 completed a slate declaration form seeking to run for the local union’s five delegate and two alternate delegate positions on a slate called “South Florida Teamsters for Ron Carey,” including Dante Memmolo and Kevin McCormack, who were listed as candidates for delegate.
Mr. Memmolo has an unlisted telephone number but had previously provided his telephone number to Local Union 769 Business Agent Josh Zivalich and to secretaries at the local union. At approximately 8:15 a.m., Mr. Memmolo’s son answered a phone call at
Mr. Memmolo’s residence and gave the call to his mother. The caller asked for Dante Memmolo. Mrs. Memmolo asked, “Who is this?” The caller responded, “Just tell your husband he is better off not going to the union hall.”
At the time of the telephone call, Mr. Memmolo was on his way to the nomination meeting. Mrs. Memmolo was able to reach him by cellular telephone prior to the meeting and told him about the phone call. Mr. Memmolo attended the meeting. During the nomination meeting, two full slates of candidates were nominated: the “South Florida Teamsters for
Ron Carey” and the “Tony Cannestro, Sr. ‘Teamsters 769 First’ Slate.” Mr. Memmolo was nominated and seconded as a candidate on the “South Florida Teamsters for Carey” slate and accepted the nomination.
After the meeting, members of the “South Florida Teamsters for Carey” slate asked to meet with Regional Coordinator J. Griffin Morgan. Mr. Morgan walked with the group outside of the union hall, but was followed by Tony Cannestro, Jr., a Local Union 769 business agent and the son of the Local Union 769 president. The Regional Coordinator asked Mr. Cannestro, Jr. to leave the area, which he did. Mr. Memmolo then told Mr. Morgan about the telephone call received at his home that morning.
During the investigation, the Regional Coordinator also learned that Tony Cannestro, Jr. had visited Kevin McCormack, a candidate for delegate on the “South Florida Teamsters for Ron Carey” at his work site, the Deerfield terminal for the United Parcel Service (“UPS”), on the previous evening, on January 5, 1996 at 7:30 p.m. Mr. McCormack works from
6:00 p.m. until approximately 7:00 or 8:00 a.m. He advises that during the past two years he saw Mr. Cannestro, Jr. at his work site in the evening on only one occasion before this one.
Mr. Cannestro, Jr., along with David Weiss, another UPS employee, approached
Mr. McCormack and asked, “Why are you doing this?” Mr. McCormack responded, “I don’t want to see Hoffa get elected. He is not fit to oversee people who actually work.”
Mr. Cannestro, Jr. made some negative comments about the protester, calling him names. Mr. Cannestro, Jr. said, “If you get in bed with a pig, you will smell like a pig.”
Alan G. Evans
February 6, 1996
Page 1
In the course of the conversation, Mr. Cannestro, Jr. asked Mr. McCormack why he supported Mr. Carey. Mr. McCormack responded that before Mr. Carey was elected, the Teamster newsletter contained 40 pages of indictments, and now “it was down to four.”
Mr. Cannestro, Jr. talked about his belief that Mr. Carey had bankrupted the union.
Several times during the conversation, Mr. Cannestro, Jr. told Mr. McCormack that he was making a mistake. Once he added, “I used to have respect for you. I know you had trouble with your wife and your kids in the past.” Mr. McCormack understands these words to refer to Mr. McCormack’s resignation from the position of shop steward in order to spend more time at home when his wife contracted multiple sclerosis.
Mr. Weiss states that it is normal for him to hang out with the business agent when he visits the Deerfield terminal. Mr. Weiss states that Mr. Cannestro, Jr. told him that he wanted to find Mr. McCormack, and Mr. Weiss took him to see Mr. McCormack. Mr. Weiss states that Mr. Cannestro, Jr. asked Mr. McCormack why he was running as a candidate and told him that he was making a mistake.
Mr. Cannestro, Jr. remembers that he asked Mr. McCormack if he was running for delegate but asserts that he did not tell Mr. McCormack that he was making a mistake “in a threatening way.” Mr. Cannestro, Jr. states that he and Mr. McCormack talked about his personal problems with his wife and kids, pension problems at UPS, the inaction of General President Carey, the weather, and the broken soda machine at the terminal.
Article VIII, Section 11(a) of the Rules permits all IBT members to participate in campaign activity, including the right to run for office, to openly support any candidate or slate of candidates and to aid or campaign for any candidate. Article VIII, Section 11(f) specifically prohibits threats, intimidation or harassment of any IBT member for his/her exercise of these rights.
The Election Officer does not permit or condone any interference with the right of each IBT member to participate, or refrain from participation, in the 1991 International Union officer election. The Election Officer will not hesitate to impose the most severe sanctions against IBT members, officers, business agents and stewards or employers of IBT members or any other persons who threaten, intimate or harass any IBT member for his or her exercise of the rights guaranteed under the Rules.
The Election Officer finds that the threatening phone call to Mr. Memmolo did occur. There is evidence of similar conduct initiated by Tony Cannestro, Jr. The night before the nomination meeting, he sought out Mr. McCormack in a virtually unprecedented visit to the Deerfield terminal to tell him he was making a mistake by running for delegate. The similarity to the protested misconduct--a threat was delivered just prior to the nomination meeting--is very disturbing. Nonetheless, there is insufficient evidence to determine who placed the call to Mr. Memmolo.
Alan G. Evans
February 6, 1996
Page 1
Although the caller cannot be identified, the Election Officer views this act of intimidation as serious misconduct, running counter to the fundamental purpose of the Rules and the Consent Decree to create an open and free atmosphere for an uncoerced, free, fair and honest election among IBT members. While the Election Officer cannot impose sanctions against anyone regarding this threat, it is imperative to affirm the right of the Local Union 769 membership to participate in the election process “completely secure from harassment, intimidation, coercion, hooliganism, threats or any variant of these no matter under what guise.” See U.S. v. IBT, 742 F. Supp. 94, 97 (S.D.N.Y. 1990).
Therefore, to insure that the membership is aware of their right to participate in the electoral process, and to participate in that process without fear of threats, coercion or retaliation, the Election Officer directs that within five days of the date of this decision, Local Union 769 duplicate and post the attached notice on all union bulletin boards at all work sites where Local Union 769 members are employed and on all bulletin boards at the Local
Union 769 office through and until March 11, 1996, the date ballots in the Local Union 769 delegate election will be counted. See Veltry, Case No. P-399-LU810-NYC (May 2, 1991) (ordering posting of notice assuring members of right to be free from intimidation, etc., notwithstanding absence of direct evidence that candidates were bribed to withdraw candidacies), aff’d, 91 - Elec. App.- 149 (SA) (May 16, 1991). Within two days after posting such notice, Local 769 shall file an affidavit with the Election Officer demonstrating that the posting has been accomplished.
In the second component to Mr. Evan’s protest, he seeks to remove the name of
Javier F. Acevedo from the ballot as a candidate for alternate delegate, alleging that
Mr. Acevedo has indicated his desire not to run for alternate delegate. Mr. Acevedo, along with the protester and others, filled out a Declaration of Affiliation with a Slate and submitted it to the Election Officer Representative. Pursuant to Article IX, Section 2(b), “[o]nce a candidate declares his/her intent to run as a member of a slate, he/she may not retract such declaration.” Thus, this portion of 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
Alan G. Evans
February 6, 1996
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
J. Griffin Morgan, Regional Coordinator
NOTICE TO TEAMSTERS LOCAL UNION 769 MEMBERS
You have the right to participate in campaign activities on behalf of candidates for International delegate or officer in the upcoming elections. You have the right to run for office, to openly support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.
It is a violation of the Rules for the IBT 1995-1996 International Union Delegate and Officer Election for you to be threatened, intimidated or harassed because of your campaign activities.
The Election Officer will not permit or condone any threats, intimidation or harassment of any IBT member for his/her participation in the delegate and officer elections. The Election Officer will not hesitate to impose the most severe sanctions against any person engaging in such threatening, intimidating or harassing activities.
Any protest you have regarding your rights to engage in campaign activities and any complaints you may have regarding threats, intimidation or harassment of you because of your campaign activities should be filed with Barbara Zack Quindel, Election Office, 400 North Capitol Street, N.W., Suite 855, Washington, D.C. 20001, telephone (800) 565-VOTE, telecopier (202) 624-3525.
__________________________________
Barbara Zack Quindel
Election Officer
This is an official notice and must remain posted until March 11, 1996 and must not be altered, defaced, or covered with any other material.