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IN RE: RON WILLIAMS, SR., See also Election Appeals Master decision 01 EAM 48 (KC) Ron Williams, Sr., a member of Local Union 391 and candidate for delegate on the Home Team slate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). His protest alleged that Ed Ard used rough and threatening language toward his son while the latter was leafleting. Election Administrator representative J. Griffin Morgan investigated the protest. Findings of Fact and Analysis On February 9, 2001, Williams, Sr., his 16-year-old son, Ron Williams, Jr., and Harry Varner were leafleting arriving and departing vehicles at the Miller Brewing plant in Eden, North Carolina. Williams, Jr. was stationed on the median strip handbilling cars in the outbound left lane. At approximately 11:00 p.m., Ed Ard, shop steward at Miller, pulled his truck adjacent to the teenager, twice called him a vulgar name and told him he was going to "get hurt" if he did not "get off the property" and "get back to Wilson." The young man called to his father, saying, "Dad, this guy is talking bad to me." The father went to his son, who was upset. The son said, "I can’t let him talk to me that way," and stepped toward Ard. Williams, Sr. restrained his son and told Ard to "have a good night." Ard then drove away. These events were corroborated by three others. Varner, who was leafleting on the median adjacent to the teenager, heard the foul language and then heard Williams, Jr. call for his father. Steve Foust, a Miller employee in the vehicle immediately behind Ard’s, saw Williams, Jr. go behind Ard’s truck to get his father. Steve Bishop was on a cell phone call with the elder Williams at the time of the incident. He reported hearing invective followed by "you better carry your ass back to Wilson before you get hurt." Ard disputed these statements. He claimed young Williams stepped in front of his vehicle, prompting him to tell the adolescent to "get out of the middle of the road." Ard claims the boy objected to this advice, telling Ard, "you can’t say that to me." Ard rejoined with foul language. Article VII, Section 11(g) prohibits "[r]etaliation or threat of retaliation by … any member of the IBT, … against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules." Article VII, Section 11(a) grants all union members "the right to participate in campaign activities, including the right … to support or oppose any candidate, [and] to aid or campaign for any candidate." Retaliation based on delegate candidacy or campaigning violates this provision. Phelan, P711 (April 24, 1996). In this context, threats violate the Rules. See Stefanski, P282 (January 22, 1996), aff’d 96 EAM 94 (February 21, 1996) (vile and threatening language accompanied by physical grabbing violates the Rules); Smith, P600 (April 30, 1996) (holding "I’ll kill you" to violate Rules); and Kelly, P600 (March 27, 1991) (finding threat to "kick their ass" made in menacing manner to violate Rules). Here, Ard’s vulgar and threatening language violated the Rules. The factors compelling this conclusion include 1) the extreme vulgarity of the words Ard used and the menacing tone in which they were uttered; 2) the repeated threat of physical harm; 3) the fact that Ard delivered the vulgar threat from his truck, suggesting he was capable of using that vehicle to carry out the threat; and 4) the youth of the victim. On this last point, the circumstances of this case require the Election Administrator to state the obvious: the interference by threats to a minor child of a candidate, even if unaccompanied by physical contact, is uncivilized and has absolutely no place in an election campaign because of its obvious chilling effect on the freedom of IBT members to campaign and openly support candidates. Especially because of the boy’s youth, Ard violated the Rules by uttering vulgar threats against him. Accordingly, the protest is GRANTED. Remedy When the Rules have been violated, the Election Administrator "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator considers the nature and seriousness of the violation, as well as its potential for interfering with the election process. Based on the foregoing, the Election Administrator orders the following:
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon: Kenneth Conboy Election Appeals Master Latham & Watkins Suite 1000 885 Third Avenue New York, New York 10022 Fax: 212-751-4864 Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing. William A. Wertheimer, Jr. William A. Wertheimer, Jr. Election Administrator cc: Kenneth Conboy 2001 EAD 201
DISTRIBUTION LIST VIA UPS NEXT DAY AIR: Patrick Szymanski IBT General Counsel 25 Louisiana Ave. NW Washington, DC 20001
Bradley T. Raymond Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman 32300 Northwestern Highway Suite 200 Farmington Hills, MI 48334
J. Douglas Korney Korney & Heldt 30700 Telegraph Road Suite 1551 Bingham Farms, MI 48025
Barbara Harvey Penobscot Building Suite 1800 645 Griswold Detroit, MI 48226
Betty Grdina Yablonski, Both & Edelman Suite 800 1140 Connecticut Ave. NW Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach 110 Mayfair Eugene, OR 97404
Ron Williams, Sr. 617 Cobb Road Elm City, NC 27822
IBT Local 391 Attn: Mike McGaha 3100 Sandy Ridge Road Colfax, NC 27235
Ed Ard 2030 Oregon Hill Road Ruffin, NC 27326
J. Griffin Morgan Elliott, Pishko, Gelbin & Morgan 462 Old Salem Road Winston-Salem, NC 27101
NOTICE TO LOCAL UNION 391 MEMBERS AT MILLER BREWING You have the right to participate in campaign activities on behalf of candidates for International delegate or officer in the current elections. You have the right to support or oppose any candidate openly, to aid or campaign for any candidate, and to make personal campaign contributions. It is a violation of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election for you to be threatened, intimidated or harassed because of your campaign activities. The Election Administrator will not permit any threat, intimidation or harassment against any IBT member for his/her participation in the delegate and officer elections. The Election Administrator will not hesitate to impose the most severe sanctions against any person engaging in such threatening, intimidating or harassing activities. Any attempt to interfere with or retaliate against you because of your political activity in connection with the International delegate or officer election should be reported to William A. Wertheimer, Jr., Election Administrator, at 727 Fifteenth Street, NW, 10th floor, Washington, D.C. 20005; (202) 454-1500. William A. Wertheimer, Jr. William A. Wertheimer, Jr. Election Administrator
Acknowledged: _________________________________ Ed Ard This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.
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