February 6, 1996
VIA UPS OVERNIGHT & FACSIMILE
Shawn Shanahan, et al.
February 6, 1996
Page 1
Shawn Shanahan
R.D. 1, Falls Road
Chittenengo, NY 13037
Tom Baker
301 Orchard Street, E-1
Fayetteville, NY 13066
Tony Montante
64 Seneca Avenue
Oneida Castle, NY 13421
Bill Murphy
103 Ludden Parkway
Syracuse, NY 13208
Tom Shewchuk
9464 Bygone Drive
Brewerton, NY 13029
James L. Lawrence
244 Hilton Road
Pulaski, NY 13142
Michael H. Okun
303 Lawrence Avenue
N. Syracuse, NY 13212
Everett L. Campbell, Secretary-Treasurer
Teamsters Local Union 317
P.O. Box 37, Salina Station
Syracuse, NY 13208
Fax: (315) 471-4328
Shawn Shanahan, et al.
February 6, 1996
Page 1
Re: Election Office Case No. P-397-LU317-PGH
Gentlemen:
A matter has come to the attention of the Election Officer that must be addressed in order to ensure a fair and honest delegate election in Local Union 317. Although no protest has been filed in this matter, the Election Officer, pursuant to Article I and Article XIV, Section 4 of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”), shall address, through this decision, a violation of the Rules in order to remedy misconduct that she believes frustrates the Consent Decree’s goals. See In Re: Gully, 91 - Elec. App. -158 (SA) (June 12, 1991); In Re: Ford, Supplemental Decision, 95 - Elec. App. - 46 (KC) (January 19, 1996).
Shawn Shanahan, et al.
February 6, 1996
Page 1
During the conduct of nominations for delegate and alternate delegate for Local
Union 317, Regional Coordinator William Kane was apprised of a possible violation of
Article IX, Section 1 of the Rules. Mr. Kane was directed by the Election Officer to conduct an investigation of the matter.
The facts are largely undisputed. On January 28, 1996, a nomination meeting was held for Local Union 317. On January 31, 1996, within the three-day time limit for slate declarations pursuant to Article IX, Section 1(c), Regional Coordinator Kane received from Tom Baker a slate declaration form from the “Rank and File Delegates for Carey” slate. The opening paragraph of the slate declaration form reads, in pertinent part, as follows:
I, the undersigned, hereby affiliate with the slate of candidates listed below. I declare that I am a candidate for the position listed next to my name. I further declare that I have agreed to form a slate with all candidates listed, and that they have agreed to form a slate with me. . . .
The form included the names of five candidates for delegate in the following order:
Shawn Shanahan, Tom Baker, Tony Montante, Bill Murphy and Tom Shewchuk; and two candidates for alternate delegate: Jim Lawrence and Mike Okun. On the line which included the printed name of the candidate and position sought were what purported to be the signature of each candidate.
On February 1, 1996, Regional Coordinator Kane sent a copy of the nomination results by facsimile to Local Union 317 Secretary-Treasurer Everett Campbell. On February 2, 1996, Mr. Campbell called Mr. Kane and told him that he had a telephone conversation that morning with Shawn Shanahan, who was listed as a delegate candidate on the Rank and File Delegates for Carey slate declaration. During the conversation, Mr. Campbell asked Mr. Shanahan if he was on the slate for Mr. Carey. According to Mr. Campbell, Mr. Shanahan denied being on any slate, stated he had never signed a slate declaration form and claimed he was running as an independent candidate.
Mr. Kane then contacted Mr. Shanahan and inquired whether he was running as a member of a slate. Mr. Shanahan told Mr. Kane that he was running as an independent. He also related that he had been approached by Tom Baker, the principal member of the Rank and File Delegates for Carey, about joining the slate a few days prior to the nomination meeting and again at the nomination meeting. Mr. Shanahan stated to Mr. Kane that on both occasions he told Mr. Baker that he did not want to be on the slate because he did not want to be associated with some of the other members on that slate. After the conversation, Mr. Kane faxed Mr. Shanahan a copy of the Rank and File Delegates for Carey slate declaration which he had received from Mr. Baker and asked him to examine the signature on the line with his name. Mr. Shanahan immediately called Mr. Kane and said it was not his signature, that he never gave anyone authorization to use his name and he did not remember signing the slate declaration form.
Shawn Shanahan, et al.
February 6, 1996
Page 1
Thereafter, Mr. Kane contacted Mr. Baker who admitted he signed Mr. Shanahan’s name onto the slate declaration form. Mr. Baker claimed he took this action because Mr. Shanahan had previously indicated he had wanted to be part of the slate and he signed for him in order to meet the three-day deadline for submission of the form.
The Rules regarding slate formation, at Article IX, Section 1(b), state the following, without any ambiguity:
To form a slate, there must be mutual consent between and among all candidates running on the slate. Such mutual consent shall be evidenced by the signing of a declaration by all members of the slate, giving the position that each candidate seeks and the name, if any, of the slate to be formed.
First, the Election Officer credits the statement of Mr. Shanahan that he never gave
Mr. Baker his consent to be a member of the slate. Second, even if he had, Mr. Baker admits that he forged Mr. Shanahan’s name onto the form. The Rules require that all members sign the slate declaration and that there be mutual consent. The slate declaration form itself states that each person signing has “agreed to form a slate with all candidates listed, and they have agreed to form a slate with me.” Even though there is no evidence that the other names on the slate were forged, by forging Mr. Shanahan’s name on the form in violation of the Rules, there was no such mutual consent for all members of the slate because Mr. Shanahan’s name should not have appeared on the form.
The Election Officer is empowered to “take all necessary actions in supervising the election process to insure fair, honest, open and informed elections.” Article I. Slates, under the Rules, can only be formed by mutual agreement and consent of all candidates on the slate to run with all the other candidates on the slate. Under these circumstances, where Mr. Shanahan’s name was forged, such mutual consent has not occurred and the Rules have been violated. Thus, the Election Officer pursuant to her remedial authority under Article XIV, Section 4 of the Rules orders as follows:
(1) Tom Baker’s name shall be removed from the ballot;
(2) Shawn Shanahan shall be listed on the ballot as an independent candidate for delegate;
(3) All other candidates on the slate declaration form for the Rank and File Delegates for Carey, namely delegate candidates Tony Montante, Bill Murphy and Tom Shewchuk; and alternate delegate candidates Jim Lawrence and Mike Okun shall be removed from the slate and shall run as independent candidates not associated with a slate;
(4) The ballot be amended in compliance with this decision and order; and
(5) The local union secretary-treasurer shall post the list of all nominated candidates attached as Exhibit A to this decision on all union bulletin boards.
Shawn Shanahan, et al.
February 6, 1996
Page 1
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
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
William B. Kane, Regional Coordinator
Enclosure (Exhibit A)
Exhibit A
Delegate
The Campbell Slate Independent Candidates
Everett “Abe” Campbell Shawn Shanahan
James Augst Richard D. Bolduc, Jr.
Richard Golden Bill Murphy
Thomas “T.K.” Krakau Mark May
Joseph Traver Tony Montante
Tom Shewchuk
Steve Angeloro
Alternate Delegate
The Campbell Slate Independent Candidates
Robert Campbell Mark Simmons
G. David Lane Jim McGannon
Michael H. Okun
James L. Lawrence