December 5, 1996
VIA UPS OVERNIGHT
David C. Healy
December 5, 1996
Page 1
David C. Healy
4112 S. Gage Avenue
Lyons, IL 60534
Andre Williams
1422 S. 16th Avenue
Maywood, IL 60153
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street, Suite 3600
Philadelphia, PA 19103
David C. Healy
December 5, 1996
Page 1
Re: Election Office Case No. P-1327-LU705-CHI
Gentlemen:
David C. Healy, a member of Local Union 705, 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 705 member Andre Williams. Mr. Healy alleges that on November 25, 1996, Mr. Williams forcibly removed Carey campaign material from his hand, and that he stated, “[Y]ou don’t want that, take mine,” a statement which referred to the Hoffa literature that Mr. Williams was distributing.
Mr. Williams denies having any knowledge of or involvement in the alleged incident.
This protest was investigated by Regional Coordinator Julie E. Hamos.
Mr. Healy alleges that on November 25, he was handed a Carey campaign flyer as he went to work at the UPS facility located at 14th and Union Streets in Chicago. He alleges that he was approached by Mr. Williams, who was distributing Hoffa campaign flyers, and further alleges that Mr. Williams said, “[Y]ou don’t want that, take mine,” and that Mr. Williams attempted to pull the Carey flyer out of his hand, tearing it in the attempt. Mr. Healy also alleges that after he threatened to file an election complaint, Mr. Williams returned the torn portion of the Carey flyer. Mr. Healy states that the entire incident took place in 15 to
30 seconds.
David C. Healy
December 5, 1996
Page 1
In response, Mr. Williams denies that he campaigned at 14th and Union Streets on November 25, and alleges that he campaigned at 15th and Union Streets at that time.
Mr. Williams states that he is not sure who the protester is, but he contends that he “never touched the guy.”
Article VIII, Section 11(a) of the Rules protects the freedom of members to exercise their political rights, provides that members not only have a right to campaign, but also have a reciprocal right to receive campaign advocacy.
The investigation of this protest revealed a history of heated campaigning at the UPS facility. In the present case, it appears that vigorous campaigning may have occurred on November 25. Mr. Healy, however, has made no allegation that violence or any threat of violence occurred. Mr. Healy admits that the alleged incident lasted only 15 to 30 seconds and that the Carey campaign flyer was returned to him. Mr. Healy has offered no substantive evidence that Mr. Williams was present at the UPS facility, or that the flyer was forcibly taken from him. There is no evidence that Mr. Healy suffered actual harm, or that he was prevented from exercising his political rights. Consequently, the Election Officer finds that the Rules were not violated.
For the foregoing reasons, 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 & 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
Julie E. Hamos, Regional Coordinator