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Office of the Election Supervisor for the International Brotherhood of Teamsters

              March 6, 1996





Daniel Stefanski

March 6, 1996

Page 1



Daniel Stefanski, Secretary-Treasurer

Teamsters Local Union 726

300 S. Ashland Avenue, Room 301

Chicago, IL 60607


Dane Passo

6811 W. Roosevelt Road

Berwyn, IL 60402


Joe Taylor

5348 N. Cumberland

Chicago, IL 60656


Nick Petrecca

5743 Kolmar

Chicago, IL 60629

Steve Siemzuch

5857 W. 79th Street

Burbank, IL 60459



Angelo Geraci

4916 Circle Court #108

Crestwood, IL 60445


John Clancy

5028 Lamb Drive

Oak Lawn, IL 60453


Gino Rodriguez

2317 N. Keating

Chicago, IL 60639

Daniel Stefanski

March 6, 1996

Page 1



Re:  Election Office Case No. P-505-LU726-CHI




A pre-election protest was filed pursuant to Article VIII, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") by Daniel E. Stefanski, secretary-treasurer of Local Union 726.  Mr. Stefanski alleges that members of Local Union 726 and other local unions engaged in improper campaigning by distributing campaign literature within the Local Union 726 hall, purportedly under authorization of an Election Office Regional Coordinator.


This protest was investigated by Regional Coordinator Julie E. Hamos.


Daniel Stefanski

March 6, 1996

Page 1



Local Union 726 held its nomination meeting for delegates and alternate delegates on February 16, 1996.  Mr. Stefanski alleges that prior to the meeting, a large group of Local Union 726 members entered the union hall and indicated that they wanted to distribute campaign literature.  They were accompanied by Dane Passo and five other members of Local Union 705, as well as one member of Local Union 714.


The security guard advised the members wishing to campaign that it is Local Union 726 policy not to allow campaigning inside the union hall, and that campaigning should take place outside.  Mr. Stefanski states that a number of Local Union 726 officers gave the same advice.


In response, Mr. Stefanski alleges that Mr. Passo advised him that Regional Coordinator Hamos had instructed them that campaigning inside the union hall was permitted.  Mr. Stefanski objects to what he views as overstepping of authority by the Election Officer in allowing such activity, and he asks that the Election Officer not change or create Local Union 726 policy.


Important history for this incident is given in Passo, P-469-LU705-CHI et seq. (February 29, 1996).  As related in that decision, Mr. Passo contacted Regional Coordinator Hamos on February 14, 1996, before leading a group of Local Union 705 members to the Local Union 705 hall for campaigning activity inside the hall.  After they got there, Mr. Passo and his group were physically ejected from the hall in a violent confrontation that resulted in protests being filed by both sides.


Mr. Passo later alleged in that matter that Ms. Hamos had interpreted the Rules for him as allowing such activity at the Local Union 705  hall.  Ms. Hamos stated that she only read the applicable section of the Rules to Mr. Passo, refused to interpret the Rules for him, and told him to take the Rules with him.


The Election Officer resolved that aspect of the dispute in Passo as follows:


[T]he Election Officer credits Ms. Hamos, a competent and experienced Regional Coordinator, with respect to what she told Mr. Passo before he and his group went to the Local Union 705 hall.  The Election Officer does not find that Ms. Hamos gave any type of prior approval for campaigning inside the union hall. 


Yet, Mr. Passo attempted to use his telephone conversation with Ms. Hamos to create a false color of authority for campaigning inside the Local 705 Union hall.  That factor substantially added to the provocative nature of the situation and contributed to the violence that ensued.


Daniel Stefanski

March 6, 1996

Page 1



As the Election Officer explained in Passo, while the Rules do protect the right of members to campaign outside a union hall from interference by the local union, the issue of whether a right exists to campaign inside a union hall depends on past practice.[1]


[N]o restrictions shall be placed upon candidates or members preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on . . . Union premises.  Such facilities and opportunities shall be made available to all candidates and members on a nondiscriminatory basis.


Article VIII, Section 11(d) (emphasis added).  See, Passo and cases cited therein.


In light of Passo and of the record presented in this protest, the Election Officer finds that Local Union 726 had an established policy of not permitting campaigning inside its hall.   Therefore, those members who did so on February 16, 1996, violated the Rules.


The protest is GRANTED.


Mr. Passo is already under a cease and desist order from the Election Officer in Passo, prohibiting him from campaigning inside any IBT local union hall.  Under this order, if

Mr. Passo believes that the local union in question has had a past practice of allowing campaigning inside the hall, he must present evidence showing such a past practice directly to Protest Chief Benetta Mansfield and receive a ruling from the Election Officer.  That cease and desist order applies to this case as well.


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


Daniel Stefanski

March 6, 1996

Page 1



Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile

(202) 624-3525.  A copy of the protest must accompany the request for a hearing.






Barbara Zack Quindel

Election Officer



cc:               Kenneth Conboy, Election Appeals Master

Julie E. Hamos, Regional Coordinator

[1]     Article VIII, Section 11(a):  “All Union members retain 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.”