November 7, 1996
VIA UPS OVERNIGHT
Jerry Halberg
November 7, 1996
Page 1
Jerry Halberg
7903 S. 124th Street
Seattle, WA 98178
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Jerry Halberg
November 7, 1996
Page 1
Re: Election Office Case No. P-1103-RCS-PNW
Gentlemen:
Jerry Halberg, a member of Local Union 174 and the Washington State chair for the campaign supporting James P. Hoffa, a candidate for general president, 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 the campaign supporting Ron Carey, IBT general president and a candidate for reelection. Mr. Halberg alleges that on October 18, 1996, his personal vehicle was vandalized at his workplace, the Port of Seattle, when campaign stickers supporting Mr. Carey were placed over his window placard and bumper stickers supporting Mr. Hoffa.
The Carey campaign responds that it has no knowledge about the incident alleged in the protest.
The protest was investigated by Regional Coordinator Christine M. Mrak.
Jerry Halberg
November 7, 1996
Page 1
On October 18, 1996, while his vehicle was parked in the parking lot at Mr. Halberg’s place of employment, an unidentified individual placed Carey stickers over large Hoffa signs and a bumper sticker on his car. When Mr. Halberg found the stickers, he immediately removed them.
The Election Officer has repeatedly found that the affixing of adhesive campaign stickers to private property without consent is vandalism, and a violation of the Rules. Chentnik, P-182-LU325-CHI (October 31, 1995) (putting stickers on member’s car); Volpe, P-763-IBT-NYC
et seq. (June 18, 1996) (putting stickers in restroom in member’s business); Willett, P-863-LU331-PNJ (August 16, 1996) (putting stickers on outside of local union hall); Jensen, P-944-LU705-CHI (October 15, 1996) (putting stickers on member’s car at workplace).
In the current matter, it appears that Mr. Halberg’s vehicle was targeted for vandalism because he displayed Hoffa signs on his vehicle. Article VIII, Section 11(f) of the Rules prohibits “[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.” The Election Officer finds that these actions constituted retaliation against Mr. Halberg for his support of the Hoffa campaign.
The identity of the vandal is unknown. Accordingly, the the Election Officer is unable to attribute the vandalism to any specific person or persons. There is no evidence that the Carey campaign was involved in pasting the Carey stickers on the protester’s vehicle.
Accordingly, the protest is DENIED.
Although the protest is denied, the Election Officer finds that the vandalism to the protester’s vehicle is a serious violation of the Rules. Accordingly, the Election Officer “may take whatever remedial action is appropriate.” Article XIV, Section 4.
In order to warn the members at the protester’s workplace that defacing property with campaign material will not be tolerated, the Election Officer requires Local Union 174 to post the attached “Notice to Local Union 174 Members” on all union bulletin boards at the Port of Seattle within two (2) days of the date of receipt of this decision.
Within two (2) days after the notice is posted, the local union shall file an affidavit with the Election Officer demonstrating its compliance with this order.
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, 1996).
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:
Jerry Halberg
November 7, 1996
Page 1
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
Christine M. Mrak, Regional Coordinator
NOTICE TO LOCAL UNION 174 MEMBERS
EMPLOYED AT THE PORT OF SEATTLE
The Election Officer has found that campaign stickers were pasted on an IBT member’s car without the member’s permission, in violation of the Election Rules. Such actions constitutes vandalism, not protected activity. Such behavior interferes with the rights of members to campaign or not, as they choose.
The Election Officer will take appropriate action against persons who engage in such activity. It is in the interests of all participants in the International electoral process to discourage such activity from happening.
_______________________ ____________________________
Date Barbara Zack Quindel
Election Officer
This is an official notice which must remain posted through December 10, 1996 and must not be defaced or altered in any manner or be covered with any other material.