IN RE: JAMES SCOGNAMIGLIO,
Protest Decision 2001 EAD 366
Issued: May 15, 2001
OEA Case No. PR033111MW
James Scognamiglio, an independent candidate for delegate at Local 703, 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"). Pertinent to this decision, the protest alleged that Local 703 secretary-treasurer and delegate candidate Tom Stiede and his supporters, including Local 703 president Chuck Murdoch, business agent Pat Bruno, and several stewards, circulated negative information about Scognamiglio at his workplace, on union time, two days after ballots were mailed.
On May 1, 2001, we issued 2001 EAD 334, granting the protest and ordering relief, including a rerun election, with ballots to be mailed and notices to be posted on May 8, 2001. An appeal of this decision was filed and a hearing conducted before Election Appeals Master Kenneth Conboy.
On May 7, because that appeal was pending, we on our own motion stayed the remedial order set forth in 2001 EAD 334 indefinitely.
The Election Appeals Master's office has orally announced that 2001 EAD 334 is affirmed and that a written decision will issue presently. Because an election must be conducted promptly, we lift the stay granted by 2001 EAD 350 and order the following:
1. Local 703 is directed to rerun its delegate election. The local is ordered to mail ballots on Monday, May 21, 2001 and conduct the tally of ballots on Monday, June 11. All candidates and slates that appeared on the original ballot will be listed in the same arrangement on the rerun ballot.
2. By May 21, 2001, Local 703 will post on all local hall and worksite union bulletin boards the notice attached to this decision as Exhibit A.
3. By May 21, 2001, Murdoch and Bruno will reimburse Local 703 the costs of their compensation for union-paid time spent distributing the IRB reports. They shall also reimburse by that date the employer of the stewards who assisted them with the distribution for employer-paid time spent distributing the IRB reports.
4. By May 21, 2001, the local and Murdoch and Bruno will submit an affidavit attesting to their respective compliance with paragraphs 2 and 3.
5. Bruno and Murdoch are each ordered to cease and desist from any further violations of the Rules.
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 (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 366
NOTICE TO ALL MEMBERS OF LOCAL 703
The Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") prohibit a candidate or slate from using union or employer resources to promote the delegate or alternate delegate candidacy of any person.
The Election Administrator will not permit any such violations of the Rules.
The Election Administrator has concluded that Local 703 president Chuck Murdoch and business agent Tom Bruno and employer-paid union stewards who assisted them violated the Rules by distributing documents critical of delegate election candidate James Scognamiglio while on union-paid or employer-paid time, in order to affect the results of the Local 703 delegate election.
To remedy this violation of the Rules, the Election Administrator has ordered Local 703 to rerun its delegate election. Ballots will be mailed on Monday, May 21, and counted on Monday, June 11. In addition, the Election Administrator has ordered Murdoch and Bruno to cease and desist from any further violation of the Rules and to reimburse Local 703 and the employer of the stewards who assisted them for the cost of their compensation while campaigning on union-paid or employer-paid time.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rules should be filed with William A. Wertheimer, Jr., Office of the Election Administrator, 727 Fifteenth Street, NW, Washington DC 20005, telephone 800-565-VOTE, fax (202) 454-1501.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
This is an official notice and must remain posted for thirty (30) consecutive days from the day of initial posting, and must not be altered, defaced or covered by any other material.
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
James Scognamiglio
1914 Springside
Naperville, IL 60565
IBT Local 703
300 S. Ashland Avenue
Room 502
Chicago, IL 60607
Fax: 312.738.2593
Chuck Murdoch
2510 Ruth Fitzgerald Drive
Plainfield, IL 60544
Pat Bruno
3701 S. 59th Street
Cicero, IL 60804
Andy Gallina
1262 McCormick
Carol Stream, IL 60188
Tom Stiede
2347 Worthing Drive
Naperville, IL 60565
Dominick's Finer Foods
555 Northwest Avenue
Northlake, IL 60164
Donna's Distribution Center
4400 W. 42nd Place
Chicago, IL 60632
Dominick's Finer Foods, Inc.
Corporate Office
505 N. Railroad Avenue
Northlake, IL 60164
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657