February 22, 1996
VIA UPS OVERNIGHT
Chris Mihalow
February 22, 1996
Page 1
Chris Mihalow
11726 Bogardus Avenue
Whittier, CA 90604
Raul Lopez, Secretary-Treasurer
Teamsters Local Union 396
880 Oakpark Road, Suite 200
Covina, CA 91724
Bob Corral, Vice President
Teamsters Local Union 396
880 Oakpark Road, Suite 200
Covina, CA 91724
Bob Kikuchi, President
Teamsters Local Union 396
880 Oakpark Road, Suite 200
Covina, CA 91724
Maurice Watson
6031 California Avenue
Long Beach, CA 90805
Chris Mihalow
February 22, 1996
Page 1
Re: Election Office Case No. P-323-LU396-CLA
Gentlepersons:
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 Chris Mihalow, a member of Local Union 396 and the organizer of a slate of candidates (“The Members’ Voice”), against three members of the Raul Lopez Slate. The events protested took place during the time that slate affiliations were being decided, and before declarations were filed. Ms. Mihalow charges that improper means were used in: (1) trying to persuade one of her slate members to join the Raul Lopez Slate; and (2) successfully persuading another person who had agreed to be on her slate to join the Raul Lopez Slate.
The protest was investigated by Regional Coordinator Dolly Gee.
Chris Mihalow
February 22, 1996
Page 1
The Election Officer is always concerned when a protest raises the possibility that there has been any interference with a member’s right to run for delegate or to associate on a slate of his or her own free will. In this case, the protester was not herself a witness to any of the alleged improper contacts. Therefore, a decision must be based on careful consideration of conversations among other persons, as investigated by the Regional Coordinator, with due regard for the problem that threats and intimidation are likely to be hardest to uncover when they are successful. See In Re: Ellis, 91 - Elec. App. - 107 (SA) (March 25, 1991). Such careful consideration in this case, however, identifies no violation of the Rules.
Paul Ochoa had indicated a desire to affiliate with The Members’ Voice slate but then decided to join the Raul Lopez Slate. The Regional Coordinator’s investigation revealed that Mr. Ochoa had made a decision to run for delegate, after which he was contacted by members associated with both slates involved in this matter. The first contacts came from a member of Ms. Mihalow’s slate and then Ms. Mihalow herself. At that time, Mr. Ochoa agreed to run on Ms. Mihalow slate.
Within a few days, however, Mr. Ochoa was contacted by Raul Lopez about running on his slate. According to Mr. Ochoa, he informed Mr. Lopez that he was running on The Members’ Voice slate. Lopez had not known that and said “That’s fine.” Nonetheless,
Mr. Ochoa told Mr. Lopez that he would think about his offer. Mr. Ochoa then spoke with his brother, other shop stewards, and, that night, with a close friend. Mr. Ochoa told the Regional Coordinator that this discussion with his friend was the determining reason for his decision to run on the Raul Lopez Slate. He further stated that he was never coerced, intimidated, or offered anything of value in connection with his decision.
The protester was not a witness to any conversations between Mr. Ochoa and Mr. Lopez but her conversation with Mr. Ochoa supports Mr. Ochoa’s statements to the investigation.
Mr. Mihalow reported that when Mr. Ochoa first called her to tell her that he may be changing his mind, he spoke of having seen a friend. According to Mr. Mihalow, Mr. Ochoa said “I just don’t know. I’ll have to think about this and I’ll talk to you over the weekend.”
Mr. Mihalow also alleges that another person affiliated with Mr. Lopez, Bob Corral, participated in improper actions in persuading Mr. Ochoa to change his mind. According to the Regional Coordinator’s investigation, both Mr. Corral and Mr. Ochoa deny any conversation about slate affiliations until after Mr. Ochoa made his decision to join the Raul Lopez Slate.
“In order for the right to run for office under Article VIII, Section 11(a) to be effective, it must not be restrained or discouraged by other members or those in a position to intimidate other potential candidates.” Port, P-286-LU78-CSF (February 21, 1996). Here, there is no evidence of any coercion or intimidation involved in Mr. Ochoa’s decision to change affiliations. As long as coercion or intimidation is not involved, conversations about making or changing affiliations are themselves protected by the Rules. They are part of the “robust ‘free speech’ that frequently occurs in election campaigns.” See Worley, P-294-LU986-CLA (February 21, 1996).
Chris Mihalow
February 22, 1996
Page 1
The second aspect of this protest involved an unsuccessful attempt to have Maurice Watson change his slate affiliation. According to Mr. Watson, he was approached by Local Union 396 President Bob Kikuchi, who knew of his decision to affiliate with Ms. Mihalow and asked why Watson would want to associate with a “bunch of losers.” Mr. Kikuchi questioned how Mr. Watson would get any votes at certain locations where Mr. Watson was unknown or with persons who Mr. Kikuchi knew and Mr. Watson did not. Mr. Kikuchi also questioned the commitment of several other persons affiliated with The Members’ Voice slate. While
Mr. Watson may have felt insulted, these statement do not amount to threats, coercion or intimidation. See Port, supra.
For the foregoing reasons, the protest is DENIED.
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 & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
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
Dolly Gee, Regional Coordinator