Protest Decisions

IN RE: JACK CIPRIANI,
Protest Decision 2001 EAD 246
Issued: March 20, 2001
OEA Case No. PR030513AT

Jack Cipriani, International Vice President, president of Local 391 and candidate for delegate on the Team 391 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"). He alleges that Ron Williams, candidate for delegate on Local 391's Home Team slate vandalized the local's building in Eden, North Carolina.

Election Administrator representative J. Griffin Morgan investigated this protest.

Findings of Fact

Local 391 has three union halls in North Carolina. The principal hall is located outside of Greensboro. There is another hall just outside of Raleigh and a third hall near Eden.

On February 10, 2001, a general membership meeting was scheduled for 1:30 p.m. at the Eden hall. Shortly before the meeting, Local 391 business agent Vernon Gamon went outside through the back double doors of the local to dump ice from a cooler. He noticed the door had been vandalized with paint. The markings indicated support for the Home Team and opposition to the adversary Team 391 slate.

It is unknown when the hall was vandalized. Cipriani claims that Williams told a detective with the Rockingham County Sheriff's department that he pulled into the union hall on the night of February 9, 2001 at approximately 11:30 p.m. The detective, however, told our investigator that Williams admitted to being at the union hall at 4:30 p.m. in February 9, 2001. Williams also denies responsibility for the vandalism, and offered several witnesses that corroborated his claim of innocence. There is insufficient evidence to find to the contrary.

Analysis

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 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.

Election-related vandalism, such as that found on Local 391's doors, is a serious violation of the Rules because it can intimidate union members. See Waldron, 2001 EAD 195 (February 27, 2001). In Waldron, the Election Administrator found that "such conduct is anti-democratic, unlawful and counter to the mission of the Consent Decree and the Rules" and "must be discouraged because it interferes with important rights of members and invites undeserved public criticism of the electoral process." Waldron, supra, (quoting Willett, P863 (August 16, 1996)). Although the vandalism in Waldron was done to a member's property, we find that the resulting effect of intimidation and harassment is the same here.

Accordingly, although we make no finding as to the identity of the perpetrator(s), 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 391 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. Another affidavit shall be filed by the local union within two (2) days of the close of the thirty (30) day posting period referenced in paragraph 2 of this order, attesting to compliance with that paragraph.

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 15^th Street, N.W., Tenth Floor, Washington, D.C. 20005 (fax: 202-454-1501), all within the time 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 246

DISTRIBUTION LIST (BY UPS NEXT DAY AIR UNLESS OTHERWISE SPECIFIED):

NOTICE TO ALL LOCAL UNION 391 MEMBERS

Property of Local 391 has been defaced in an act of election-related vandalism. Under the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"), members have the right to participate freely and without coercion in the election of local union convention delegates and International officers. Vandalism, which is a form of harassment, has no place in the democratic process and is 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 or lack of support for any 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, Tenth Floor, Washington, D.C. 20005; (202) 454-1500.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

This is an official notice from the Election Administrator for the International Brotherhood of Teamsters that must remain posted for thirty (30) consecutive days, and must not be altered or defaced in any manner, or covered by any other material.