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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: JOSEPH WALDRON,
Protest Decision 2001 EAD 195
Issued: February 27, 2001
OEA Case No. PR020913ME

Joseph Waldron, assistant trustee of Local 115, 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 alleges that his vehicle was the target of election-related vandalism.

Election Administrator representative William Kane investigated the protest.

Findings of Fact and Analysis

Waldron reported that his vehicle was vandalized on two occasions. On December 6, 2000, he discovered that the driver's sideview mirror was broken. On February 8, 2001, he found that all four tires had been slashed. On each occasion, the vehicle was parked in front of his home, and he made the discovery when leaving home to start his workday. Also on each occasion, a bumper sticker bearing the words "Tom Leedham Rank and File Power" was affixed to the rear bumper. Waldron reported that the sticker was not on the bumper when he parked the vehicle the previous evening. Each time, Waldron notified the police of the incident. To date, the police have been unable to identify the perpetrator of the vandalism.

Waldron filed this protest against the "United" slate because he states they are Leedham supporters. Our investigator interviewed three members of that slate, all of whom denied knowledge of the vandalism.

Article VII, Section 11(g) prohibits "[r]etaliation or threat of retaliation by … any member of the IBT, … or other person … 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." Members also have the correlative right to refrain from campaign activities.

Previous Election Officers have held election-related vandalism to violate the Rules. See Chentnik, P182 (October 31, 1995) (affixing adhesive campaign stickers to a member's car); Volpe, P763 (June 18, 1996) (pasting campaign stickers inside the restrooms of a member-owned bar); Gregory, P800 (July 18, 1991) (politically-motivated smashing of windows in a member's car); and Tobin, P862 (August 21, 1996) (posting of defaced campaign placard on a member's lawn); cf. Petrites, 2000 EAD 83 (January 19, 2000) (threatening anonymous telephone call held not to violate the Rules where there was no link to the delegate or International Officer election). Remedies have been ordered even where the perpetrator is unknown. Gregory, supra; Volpe, supra.

Here, the vandalism coupled with the public display of the campaign bumper sticker at the crime scene constitute a serious violation of the Rules clearly motivated by an intent to intimidate and harass. Such conduct is anti-democratic, unlawful and counter to the mission of the Consent Decree and the Rules. It must be discouraged because it interferes with important rights of members and invites undeserved public criticism of the electoral process. Willett, P863 (August 16, 1996).

Accordingly, although we are unable to identify the perpetrator, 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:

1. Within two (2) working days of the receipt of this decision, Local Union 115 shall post the notice attached as Exhibit A on all bulletin boards in the local union hall and at all worksite bulletin boards under the jurisdiction of the local.

2. This notice will remain posted for thirty (30) days without being removed, covered or defaced.

3. Within two (2) days of receipt of this decision, the local union shall submit an affidavit to the Election Administrator attesting to its compliance with Paragraph 1 of this Order.

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 195

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

 

Joseph Waldron

IBT Local 115

2833 Cottman Avenue

Philadelphia, PA 19149

 

Alvaro Quinones

8362 Holman Avenue

Pennsauken, NJ 08110

 

Dennis DiCataldo

2640 Fernwood Avenue

Roslyn, PA 19001

 

Pat Nefferdorf

2611 E. Schiller Street

Philadelphia, PA 19134

 

Curtis Moore

4952 N. 19th Street

Philadelphia, PA 19141

 

Kelly Kozik

58 Vicar Lane

Levittown, PA 19054

 

Walt Deminski

6517 Senator Lane

Bensalem, PA 19020

 

William B. Kane

242 Old Haymaker Road

Monroeville, PA 15146

 

NOTICE TO ALL LOCAL UNION 115 MEMBERS

An employee of Local Union 115 has been harassed and his property vandalized because the member has exercised his right to participate or refrain from participating in the election of International Officers guaranteed under the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Harassment and vandalism have no part in the democratic process and are forbidden by the Rules.

No one, including local union officers, business agents, delegates, stewards, members or employees, may threaten, coerce, harass or otherwise retaliate or take any other adverse action against you because of your support for a particular candidate, or your lack of support of a candidate.

Any attempt to interfere or retaliate against you because of your political activity in connection with the International Officer or convention delegate 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

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.