May 21, 1998
VIA UPS OVERNIGHT
Dane Passo
May 21, 1998
Page 1
Dane Passo
6811 West Roosevelt Road
Berwyn, IL 60402
Ken Hall, Director
Parcel and Small Package Trade Division
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Gerald Zero, Secy. - Treas.
Teamsters Local Union 705
1645 West Jackson Boulevard
Chicago, IL 60612
John McCormick, President
Teamsters Local Union 705
1645 West Jackson Boulevard
Chicago, IL 60612
David L. Neigus
Deputy General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Henry F. Murray, Esq.
Livingston, Adler, Pulda & Meiklejohn
557 Prospect Avenue
Hartford, CT 06105
Dane Passo
May 21, 1998
Page 1
Re: Election Office Case No. PR-084-LU705-NCE
Gentlemen:
Dane Passo, 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 Ken Hall, Gerald Zero, and John McCormick. Mr. Zero and Mr. McCormick are respectively the secretary-treasurer and president of Local Union 705. Mr. Hall serves as Director of the IBT Parcel and Small Package Trade Division and is also a candidate for general president.
Mr. Passo alleges that on April 13, 1998, Messrs. Hall, Zero, and McCormick campaigned on union-paid time at the Jefferson Street United Parcel Service (“UPS”) facility in Chicago, Illinois. Mr. Passo further alleges that “they traveled to the facility in cars either owned or paid for by the IBT and/or Local 705" and that Mr. Hall “traveled to Chicago at Union expense.”
Dane Passo
May 21, 1998
Page 1
Mr. Hall admits that he campaigned at the UPS facility on April 13, 1998. He asserts, however, that no campaign activity took place during his working hours and that he was in Chicago to perform union duties. Mr. McCormick admits accompanying Mr. Hall to the UPS facility and similarly denies campaigning during union-paid time. Mr. McCormick also states that he transported Mr. Hall to the UPS facility in his personal automobile. Mr. Zero declares that he did not accompany either Mr. Hall or Mr. McCormick to the Jefferson Street facility on April 13, 1998.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
The only evidence submitted by Mr. Passo in support of his protest was his statement that he observed Mr. Hall and Mr. McCormick campaigning at the Jefferson Street UPS facility between 7:00 a.m. and 8:15 a.m. on the morning of Monday, April 13, 1998.
Mr. Hall submitted an affidavit in which he stated that he was in Chicago, Illinois, between April 13 and April 16, 1998, to attend grievance committee hearings arising under the national UPS collective bargaining agreement. Mr. Hall further states that his travel, lodging and subsistence expenses were paid by the IBT in connection with these duties. According to his affidavit, Mr. Hall campaigned prior to the start of his work day and the grievance hearings, which were conducted at the Rosemont Suites Hotel from 9:00 a.m. to 6:00 p.m. There is no dispute that the hearings took place in Chicago on that date, and that Mr. Hall chaired the union committee. The IBT submitted documentation showing that Mr. Hall had scheduled and attended similar national grievance committee hearings in 1996 and 1997.
Mr. McCormick filed an affidavit in which he admits driving Mr. Hall to the Jefferson Street facility to campaign prior to the start of his regular working hours. The affidavit further states that Mr. McCormick used his personal automobile for this activity and that Local Union 705 “was not charged for the use of my personal vehicle on April 13, 1998.”
The Rules, at Article VIII, Section 11(b), provide that all union members, including officers and employees, retain the right to participate in election-related activities such as campaigning for office or supporting a candidate. Article VIII, Section 11(a) provides in pertinent part:
No candidate or member may campaign during his/her working hours. Campaigning incidental to work is not, however, violative of this section. Further, campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not violative of this section.
Dane Passo
May 21, 1998
Page 1
The Rules are violated when campaign activity occurs during work time. No violation of the Rules occurs when such activity takes place prior to the start of work. Grossman, P-476-LU284-CLE (March 6, 1996). Even accepting the protester’s facts, there is no evidence that campaign activity occurred during work time. A candidate is not prohibited by the Rules from campaigning merely because he is traveling on union-paid business, as long as such campaigning does not take place during working hours or does not otherwise involve the use of union funds or resources. Hoffa, P-865-IBT-MGN (August 26, 1996), aff’d, 96 - Elec. App. - 232 (KC) (September 6, 1996).
The protester presented no evidence to show that Mr. Hall or Mr. McCormick engaged in any campaign activity during working hours on April 13, 1998, or that any union funds or resources were used in connection with such activity. Similarly, there is no evidence to show that Mr. Zero engaged in any campaign activity at the Jefferson Street facility on April 13, 1998.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely
Michael G. Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Regional Coordinator