March 18, 1996
VIA UPS OVERNIGHT
Anthony Fiori
5917 S. Nashville
Chicago, IL 60638
Daniel Stefanski, Secretary-Treasurer
Teamsters Local Union 726
300 S. Ashland Avenue, Room 206
Chicago, IL 60607
Re: Election Office Case No. P-618-LU726-CHI
Gentlemen:
Anthony Fiori, a member of Local Union 726, 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 Local Union 726 Secretary-Treasurer Dan Stefanski. The protester alleges that Mr. Stefanski, a candidate for delegate on the Fair and Equity slate, has violated the Rules by displaying a poster for the Fair and Equity slate in his office at the local union hall.
Regional Coordinator Julie E. Hamos investigated the protest.
Local Union 726 nominated two slates of candidates for delegate and alternate delegate to the 1996 International convention at its nomination meeting held February 16, 1996. One is the Fair and Equity Slate and the other is the Hoffa/Hogan ‘96 Slate. Seven of the members of the Local Union 726 Executive Board are candidates on the Fair and Equity slate for local union delegate: Secretary-Treasurer Dan Stefanski, President John Falzone, Recording Secretary Tom Judkins, and Trustees Mike Marcante, John F. Hurley, and Rafel Jesse Godina.
Anthony Fiori
March 18, 1996
Page 1
The protester, who is a candidate for delegate on the Hoffa/Hogan slate, visited the local union office on March 12, 1996 to deliver his slate’s request for a membership mailing pursuant to Article VIII, Section 7 of the Rules. While there, he saw on the wall of Recording Secretary Judkin’s office a poster measuring approximately 2 feet by 3 feet stating “Vote for a Change: Fair and Equity Slate.”
The offices of Local Union 726 consist of four rooms, one next to another in a row.
The front room is occupied by clerical employees. Two business agents and the office manager sit in the second room. Recording Secretary Judkins sits in the third room.
Mr. Stefanski sits in the fourth room. The poster was not visible from the entry to the suite or the first room, but could be seen from the room occupied by the business agents and the office manager.
Mr. Stefanski states that the poster is a memento from the campaign by the incumbent local union officers for their election in 1994 during which they ran as the Fair and Equity slate.
The Rules, at Article VIII, Section 11(c), prohibit the use of union facilities to assist in campaigning. At the request of the Regional Coordinator, Mr. Stefanski has removed the poster.
Although the poster may be from a prior local union officer election, its posting during the pendency by the delegate campaign when Mr. Stefanski leads the Fair and Equity slate, is improper assistance to Mr. Stefanski in the delegate election. See Franks, P-256-LU773-PNJ, et seq. (January 4, 1996), aff’d, 96 - Elec. App. - 57 (KC) (January 23, 1996).
Accordingly, the protest is GRANTED.
Since Mr. Stefanski has removed the poster, the Election Officer orders him to cease and desist from rehanging the poster until the delegate election is completed.
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 & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Anthony Fiori
March 18, 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 N. Capitol Street, Suite 855, Washington, DC 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 E. Hamos, Regional Coordinator