December 14, 1995
VIA UPS OVERNIGHT
Donald F. Howell, Jr.
113 Holland Street
Lindenwold, NJ 08021
John J. Jackson, President
Teamsters Local Union 676
101 Crescent Boulevard
Collingswood, NJ 08108
Re: Election Office Case No. P-246-LU676-PNJ
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Donald F. Howell, Jr., a member of Local Union 676. The protester alleges that Local
Union 676 President John J. Jackson denied him access to the local union parking lot to distribute campaign literature in violation of the Rules.
Donald F. Howell, Jr.
December 14, 1995
Page 1
Specifically, the protester alleges that, on November 19, 1995, he was distributing campaign literature from the tailgate of his truck. He was parked in the local union parking lot and was not hindering members' access to the hall. The protester was confronted by an agent of the local union who demanded that he cease distributing literature and leave the premises. Mr. Howell contends he showed the local union agent a copy of the Rules and pointed out the relevant section which described his right to campaign on local union premises. According to Mr. Howell, the local union agent took his copy of the Rules, entered the local union hall, and returned with Mr. Jackson. Mr. Jackson then informed the protester that he was not interested in what it said in the protester's copy of the Rules. Subsequently, the protester relates, Mr. Jackson ordered Mr. Howell off union premises and said he would call the police if the protester remained. He then posted “one of his men” by the protester to make sure he did not stay. Mr. Howell states that he ceased distributing literature and moved his truck to another parking space because he wished to avoid a confrontation and because he was going to attend the general membership meeting and did not want his truck towed while he was inside the hall.
Mr. Jackson responds that on November 19, 1995, while he was inside the local union hall to attend a general membership meeting he was approached by Sergeant-at-Arms Steve Colbert who informed him that an individual was distributing leaflets outside the hall.
Mr. Jackson states that he instructed Mr. Colbert to tell this individual to vacate the property because Mr. Jackson believed that the individual was “a vagrant” attempting to “pan handle [sic] money from the members as they entered the building.” According to Mr. Jackson,
Mr. Colbert returned with a copy of the Rules which Mr. Jackson “glanced at briefly.” Realizing that the individual outside was not a vagrant, he accompanied Mr Colbert to the parking lot where he observed Mr. Howell standing at the corner of the local union hall distributing campaign material. At this point, Mr. Howell directed Mr. Jackson's attention to the section of the Rules guaranteeing a member's right to campaign on local union premises. Mr. Jackson contends he responded “I don't give a darn about the book of rules, I only care that you are impeding the members' access to the Union meeting.” Mr. Jackson states he then told Mr. Howell that, if he refused to move his truck, Mr. Jackson would have it removed by the police. Mr. Jackson contends that Mr. Howell had backed his pickup truck “a few feet” on to the walkway leading to the hall and had opened the tailgate so that members had “to practically climb over him, as he stood behind his tailgate, in order to gain entrance to the meeting.” He further states that he did not order Mr. Howell to stop distributing the literature but he did tell him to move.
The protest was investigated by Regional Coordinator Peter V. Marks, Sr.
Article VIII, Section 11(a) of the Rules states in pertinent part:
All union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, and to make personal campaign contributions. This includes, but is not limited to, the right to distribute campaign literature and to otherwise solicit support for a member's candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.
During the course of the investigation, Mr. Colbert, who went outside and spoke to the protester, was interviewed as a witness for Mr. Jackson. Mr. Colbert was unable to confirm or deny Mr. Jackson's contention that the protester was obstructing members' access to the local union hall. Considering that, by Mr. Jackson's admission, Mr. Colbert witnessed the protested incident, the Election Officer finds Mr. Jackson's explanation for telling the protester to cease campaigning is not credible.
Donald F. Howell, Jr.
December 14, 1995
Page 1
Neither party disputes the fact that Mr. Howell was attempting to distribute campaign material in the local union parking lot prior to a general membership meeting. It is also undisputed that Mr. Jackson ordered Mr. Howell to stop what he was doing. Subsequently, Mr. Howell stopped distributing literature and moved his vehicle to another spot in the lot. He then entered the building to attend the general membership meeting. Mr. Jackson admits that he was unsure whether the protester had any right to distribute campaign material on the local union parking lot.
From these facts, it is clear that actions taken by Mr. Jackson prevented Mr. Howell from exercising a right guaranteed by the Rules. For the foregoing reasons, the protest is GRANTED.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. The Rules provide a wide range of examples of possible remedies, without providing any limitation.
As a result, the Election Officer hereby orders Mr. Jackson and any employee, agent, or member of Local Union 676 to cease and desist from any conduct which interferes with a right guaranteed under the Rules. Specifically, Mr. Jackson is ordered to allow the distribution of campaign material outside of the local union hall in accordance with Article VIII, Section 11(a) of the Rules. In addition, Mr. Jackson is ordered to sign the enclosed notice and ensure that copies of this notice are posted on all bulletin boards in the main and any subsidiary local union hall. These copies must be posted within seven (7) days of the issuance of this decision. Within two (2) days of this posting, the local union will file with the Election Officer an affidavit indicating compliance.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham and Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Donald F. Howell, Jr.
December 14, 1995
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Peter V. Marks, Sr., Regional Coordinator
Notice to Members of
Teamsters Local Union 676
You have the right to participate in campaign activities on behalf of any candidate for International office in the IBT.
You have the right to participate in campaign activities on behalf of any candidate for delegate to the 1996 IBT International Convention.
You have the right to distribute campaign literature and to otherwise solicit support for a member's candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.
Local Union 676 will not interfere with the exercising of any of these rights as set forth in the Rules for the 1995-1996 IBT International Union Delegate and Officer Election.
_____________________________
John J. Jackson
President, Local Union 676
This is an Official Notice and must remain posted for thirty (30) consecutive days from the day of the posting, and must not be altered, defaced or covered by any other material.
Prepared and Approved by IBT Election Officer Barbara Zack Quindel.