IN RE: GARY L. GREGORY,
Protest Decision 2001 EAD 130
Issued: February 3, 2001
OEA Case Nos. PR012011MW and PR020213MW
See also Election Appeals Master decision 01 EAM 28 (KC)
Gary L. Gregory, a member of Local 135, filed pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). In Case No. PR012011MW, Gregory alleges that Local 135 violated the Rules by accepting Local 135 member Larry J. Renn's withdrawal of his acceptance of a nomination as a delegate candidate on the "Working Rank and File Stand Up" slate (the "WRFSU slate"), and by thereafter removing his name from the delegate election ballot. Additionally, Gregory alleges that supporters and members of the opposing "Barton Unity Team for Continued Strength and Progress" slate (the "BUTCSP slate") coerced Renn's withdrawal. In Case No. PR020213MW, Gregory alleges that Local 135 violated the Rules by printing ballots for the delegate election while his protest in PR012011MW was pending. Gregory has filed a third protest in Case No. PR020214MW, which remains under investigation.[1]
Election Administrator representative Dennis Sarsany investigated the protests.
Findings of Fact and Analysis
1. Gregory is a long-time dissident member of Local 135, currently seeking election for delegate to the IBT convention as a member of WRFSU slate. His slate opposes the BUTCSP slate in the local's upcoming delegate election. The latter slate has among its members a number of the local's incumbent officers.
There is no factual dispute that Renn was duly nominated as a delegate candidate, that he supported and was part of the WRFSU slate, and that he submitted a letter withdrawing his candidacy three days after his nomination at the local's January 6, 2001 nomination meeting. Protestor Gregory learned of the withdrawal on January 10, 2001.
In support of his claims of coercion against Renn, and his attack on Renn's withdrawal, Gregory relies on Schmidt, P590 (March 19, 1996), in which Election Officer Quindel refused to allow two candidates solicited by Gregory to withdraw their slate declarations. Additionally, in a letter dated January 22, 2001, Gregory relies upon historical references to acts of coercion occurring against dissident candidates and their supporters in Local 135 elections. The letter also describes current actions by Local 135 officers and local union attorney Ed Fillenwarth that Gregory deems offensive.
While the contents of his letter, which includes references to actions dating back into the late 1980s, may explain Gregory's deep suspicions about the motives of Local 135 officers and staff, the letter sheds no light on the reasons for the withdrawal of Renn on January 9, 2001. Instead, for the most part the acts complained of by Gregory occurred under the leadership of John Neal, previously a principal officer of Local 135 who was removed from office during the Carey administration. We accordingly focus on what our investigation revealed about Renn's actions and the local union's response thereto.
As to the latter, following receipt of Renn's withdrawal, attorney Fillenwarth contacted Election Administrator Regional Director Sarsany to discuss the application of the Rules to Renn's withdrawal. After reviewing the Rules, Sarsany advised Fillenwarth that the local union should accept Renn's withdrawal and remove his name from the ballot. Fillenwarth acted consistent with Sarsany's advice.
As to the coercion allegations, our investigator interviewed Clarence E. Brabson III, a member of Local 135 and a candidate for delegate on the WRFSU slate, who Gregory proffered as a witness. Brabson says that he is a long-time friend of Renn. He states that Renn was approached about running for delegate on the WRFSU slate and initially declined, but that in the two days prior to the January 6, 2001 nominations meeting, Renn changed his mind about running and signed a written acceptance as a nominee for delegate, as well as a slate declaration form. Renn then attended the nomination meeting and assented to his nomination and inclusion on the slate.
According to Brabson, just two days after the meeting, Renn advised him that he had changed his mind and wanted to withdraw his name from consideration as a candidate. When pressed for the reason for his change of heart, Renn stated that the health of his father and grandfather were of concern to him and, for those reasons, he though it better if he did not become involved in local union politics at this time. Brabson described Renn as adamant about the decision, although Brabson attempted to convince him to remain on the ballot. When Brabson was asked whether Renn had given him any reason to believe that he had been coerced into withdrawing, he stated that he had not. Brabson, however, also stated that Renn had told him that he had had a conversation with a member of BUTCSP slate about his candidacy, and that Renn had changed his mind so suddenly and with such resolution, that he suspected that Renn had, in fact, been threatened by members or supporters of the opposition slate and that these threats were the reason for the withdrawal. However, Babson conceded that this was mere conjecture on his part, and that Renn said nothing to suggest this.
Our investigator also interviewed James Hession, a member of Local 135 and a candidate for delegate to the IBT convention on the WRFSU slate, who was also proffered by Gregory. Hession is a co-worker of Renn. He stated that on January 11, 2001, he spoke with Renn about his withdrawal and formed the impression from that conversation that Renn had withdrawn because he felt that running would adversely affect the performance of his duties as shop steward. Specifically, he thought that Renn felt that his candidacy would hamper his relationship with the UPS business agent, Ralph Brooks, who might not support Renn in grievances and in the performance of his other duties as a shop steward. When asked if Renn had stated that Brooks had threatened such action, Hession stated that Renn had not.
Our investigator also interviewed Renn. Renn explained that his withdrawal was based on personal reasons, and stated that it was not induced by threats or coercion. Renn did mention a dispute he was having with his employer United Parcel Service in his capacity as shop steward, and expressed reservations about obtaining the support of business agent Brooks in that matter. However, Renn said this concern was not drawn from anything that Brooks had said or done concerning his candidacy for delegate, or otherwise.
We credit Renn's denial that he was coerced into withdrawing his candidacy, and in doing so note that the act of his withdrawal is consistent with his initial reluctance to become a candidate, as described by witness Brabson.
Based on the foregoing factual findings, we DENY Gregory's protest concerning the withdrawal of Renn's candidacy and the subsequent removal of his name from the ballot. Renn's withdrawal was not coerced, and is not barred by the Rules. Thus, Article II, Section 5(j) of the Rules prohibits a candidate's revocation of his acceptance of nomination "once the ballots are printed…" No prohibition is stated with respect to withdrawals of candidacy made before that time, and it is reasonable to infer that the intent of the drafters of the Rules was to permit such withdrawals before the ballots are printed.
Article VIII, Section 2(a) of the Rules, which provides that candidates may not withdraw their "intent to run as a member of a slate" once that intent is declared, is not to the contrary, and neither is the decision in Schmidt, supra. Instead, the consistent practice of prior Election Officers has been to interpret similar provisions of the IBT's Election Rules to allow withdrawal of any candidate, whether or not on a slate, at any time before the printing of the ballots. Renn withdrew three days after the nomination meeting, well before the ballots were scheduled to be printed. He was permitted to do so.
2. Gregory's protest in Case No. PR020213MW alleges that Local 135 improperly printed delegate election ballots while his protest over the withdrawal of Renn as a candidacy was pending. That claim is factually correct. However, the local union has been instructed to do hold the ballots until resolution of Case No. PR012011MW, and has done so. No provision of the Rules barred Local 135 from printing its ballots while the Renn candidacy protest was pending. Instead, Article II, Section 11(g) of the Rules limits the printing of ballots only where "there is a challenge with respect to the eligibility of a candidate…" The protest in Case No. PR012011MW is not an eligibility protest.
We accordingly DENY Gregory's second protest as well.
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 130
DISTRIBUTION LIST VIA FAX AND FIRST CLASS MAIL:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Fax: 202.624.6884
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Fax: 248.855.6501
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
248.646.1054
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Fax: 313.963.3572
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Fax: 202.463.6688
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Fax: 541.607.4484
IBT Local 135
1233 Shelby Street
Indianapolis, IN 46203
Fax: 317.639.3580
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657
Fax: 773.883.0823
Gary L. Gregory
10815 Bakeway Drive
Indianapolis, IN 46231
Fax: 317.838.9188
Edward J. Fillenwarth, Jr.
Fillenwarth, Dennerline, Groth & Towe
1213 North Arlington Avenue
Suite 204
Indianapolis, IN 46219
Fax: 317.351.7232
[1] The protest in Case No. PR020214MW alleges misconduct by attorney Edward Fillenwarth, Jr., who Local 135 has retained to assist in the conduct of its delegate election.