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Office of the Election Supervisor for the International Brotherhood of Teamsters

November 12, 1998

 

VIA FIRST CLASS MAIL

 


Patricia A. Hashimoto

November 12, 1998

Page 1

 

Patricia A. Hashimoto

12217 S.E. 12th Street

Bellevue, WA 98005

 

Ken Paff

Teamsters for a Democratic

  Union

7435 Michigan Avenue

Detroit, MI 48210

 

Arthur Z. Schwartz, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003

 

George O. Suggs, Esq.

Wilburn & Suggs

1015 Locust

Suite 818

St. Louis, MO 63101

 

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098

 

Leedham Slate

c/o Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

  Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

 

Metz Slate

c/o Jim Smith

2833 Cottman Avenue

Philadelphia, PA 19149

 

Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC 20036

 

Paul Alan Levy, Esq.

Public Citizen Litigation

  Group

1600 20th Street, NW

Washington, DC 20009

 

 


Patricia A. Hashimoto

November 12, 1998

Page 1

 

 

 

 

 

 


Patricia A. Hashimoto

November 12, 1998

Page 1

 

 

Re: Election Office Case No.  PR-347-LU2000-EOH

 

Gentlepersons:

 

Patricia A. Hashimoto, a member of Local Union 2000, 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 Tom Leedham Campaign.  Ms. Hashimoto contends that Mr. Leedham’s supporters have improperly distributed campaign literature, specifically the Convoy Dispatch, a publication of the Teamsters for a Democratic Union (“TDU”), into the company mailboxes of Northwest Airline flight attendants based in Seattle, Washington.

 

TDU does not dispute the allegations, however, it is unable to locate the responsible persons.

 

The protest was investigated by Protest Chief Mary E. Leary.

 

The protester is a flight attendant for Northwest Airlines based at Sea-Tac Airport in Seattle, Washington.  When the protester returned from Osaka, Japan, to her base on

October 11, 1998, she discovered a copy of the Convoy Dispatch in an employee mailbox near her own.  As it is against employer policy for campaign literature to be distributed into employee mailboxes, the protester immediately reported this incident to Flight Attendant Manager David Burgett.  The protester states she expressed concern to Mr. Burgett that the “Teamster Election playing field was being rendered less than level by dint of the use of company mailboxes for campaign purposes by supporters of the Leedham slate.”  Mr. Burgett agreed to search all the mailboxes for campaign items.  The protester was present for the search and states that a few campaign items were found in employee mailboxes including campaign buttons and other copies of the Convoy Dispatch.

 

There is no evidence as to who distributed the literature into the mailboxes. 

Article VIII, Section 11 (a) of the Rules provides that “All Union members retain the right to participate in campaign activities, including the right to . . . support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.” However, the Rules strictly prohibit IBT members from appropriating union or employer property in order to make personal campaign statements.  Therefore, IBT members are not permitted to place campaign literature or paraphernalia in employee mailboxes at Northwest.

 

Accordingly, as a violation has been found, the protest is GRANTED .

 


Patricia A. Hashimoto

November 12, 1998

Page 1

 

When the Election Officer determines that the Rules have been violated, he “may take whatever remedial action is appropriate.”  Article XIV, Section 4.  In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process.   Here, the person who placed the literature and paraphernalia in the mailboxes is unknown.  Accordingly, the Election Officer requests that

Mr. Burgett duplicate and place a copy of the attached “Notice to Members of Local Union 2000 Based at Sea-Tac Airport”  in the employee mailbox of all Local Union 2000 members based at Sea-Tac Airport by November 17, 1998. 

 

An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the RulesIn 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 (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

 

 

Enclosure

 

cc:              Kenneth Conboy, Election Appeals Master


 

NOTICE TO MEMBERS

OF LOCAL UNION 2000

BASED AT SEA-TAC AIRPORT

 

 

The IBT Election Officer has found that an unknown member or members placed campaign literature and paraphernalia supporting candidates in the International Officer Rerun Election in at least some of the employee mailboxes.  The employee mailboxes are the property of Northwest Airlines.  Under the Election Rules, IBT members are prohibited from appropriating employer property in order to make personal campaign statements.    Therefore, no employee should be placing campaign literature in these mailboxes.

 

 

_________________________

Michael G. Cherkasky

Election Officer

 

 

 

 

 

 

 

 

 

 

 

 

 

This is an official notice that must remain posted until December 3, 1998, and must not be defaced or altered in any manner or be covered with any other material.