April 8, 1996
VIA UPS OVERNIGHT
Donnie Von Moore
April 8, 1996
Page 1
Donnie Von Moore
824 E. 52nd Street
Chicago, IL 60615
Chester Glanton
8049 S. Ingleside
Chicago, IL 60619
Louis Sullivan
5631 S. Cottage Grove
Chicago, IL 60637
Edith Harrell
12254 S. Morgan
Chicago, IL 60643
The Hoffa/Hogan Slate
c/o James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Donnie Von Moore
April 8, 1996
Page 1
Re: Election Office Case No. P-671-LU743-SCE
Gentlepersons:
This protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Donnie Von Moore, a member of Local Union 743. The protester alleges that members of the Local
Union 743 team negotiating with the University of Chicago regularly wear pro-Hoffa buttons and other paraphernalia during negotiating sessions and that they openly engage in campaigning during such negotiations, in violation of the Rules. The protester makes these allegations against negotiation team members Chester Glanton, Louis Sullivan, Edith Harrell and “other unknown individuals . . .”
Donnie Von Moore
April 8, 1996
Page 1
Mr. Glanton admits that he wore a campaign button on his overcoat to the second to last negotiating session. He removed the coat prior to sitting at the negotiating table and hung it in plain sight. He also states that Mr. Sullivan was wearing a campaign button when he sat down at the table, but was instructed by Mr. Glanton to remove it, which he did. Ms. Harrell denies wearing any campaign materials. All deny any other form of campaigning at the negotiating sessions.
The protest was investigated by Regional Coordinator Bruce Boyens.
Under Article VIII, Section 11(b) of the Rules, union officers “retain the right to participate in campaign activities, including the right . . . to openly support or oppose any candidate [and] to aid or campaign for any candidate.” While the provision prohibits officers from campaigning on union time, it allows “campaigning incidental to regular Union business,” as well as “campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off.”
The Election Officer issued an “Advisory on Wearing of Campaign Buttons and Other Emblems” (“Advisory”) on September 20, 1995. It states that the Rules protect the right of IBT members, including union officers and employees, “to wear campaign emblems on buttons, t-shirts or hats while working.” (Citations omitted.) In regard to union officers representing the union at negotiating sessions, the Advisory reads:
[T]hey may not wear such [campaign] emblems when representing the Union before or with an unrelated third party. Thus, Union officers, business agents and employees may not wear campaign emblems when meeting with an employer of IBT members for collective bargaining or grievance resolution, when participating either as an advocate, witness or panel member in grievance hearings . . . when making public appearances on behalf of the Union, or when engaged in similar type activities where the wearing of a campaign emblem might inappropriately suggest that the Union with which the officer . . . is affiliated, is an entity supporting or opposing any particular candidate or group of candidates.
During the investigation, the protester provided Jackie Flanagan as a witness.
Ms. Flanagan confirmed Mr. Glanton’s statements. She states that she has not witnessed any other incidences of campaigning at the negotiations meetings. She further states that the bargaining team, with the exception of Mr. Glanton, met on April 2, 1996 and unanimously voted to keep local politics out of their bargaining sessions. According to Ms. Flanagan, this decision has been communicated to Mr. Glanton.
There is no evidence to support the protester’s allegation that the charged parties openly campaigned at the sessions.
Mr. Glanton and Mr. Sullivan violated the Rules when they wore campaign buttons to the bargaining session. The Election Officer notes that this violation was of a relatively short duration, and that the bargaining team has since taken steps to prevent its reoccurrence.
Donnie Von Moore
April 8, 1996
Page 1
Since, however, the incident is a technical violation of the Rules, the protest is GRANTED.
When the Election Officer finds the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the seriousness of the violation, as well as its potential for interfering with the election process.
Messrs. Glanton and Sullivan are hereby ordered to cease and desist from wearing any campaign emblems while engaging in local union business with unrelated third parties. This order includes periods before the commencement of bargaining sessions when employer representatives are present, but the meeting has not formally started, and similar periods after the close of a meeting when employer representatives are still present.
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, 1966).
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
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
Bruce Boyens, Regional Coordinator
Julie E. Hamos, Regional Coordinator
Dennis M. Sarsany, Adjunct Regional Coordinator