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Office of the Election Supervisor for the International Brotherhood of Teamsters

              March 7, 1996

 

 

VIA UPS OVERNIGHT

 

Gerald D. Burns

730 Coquina Court

Orlando, FL 32807

 

Mario Ferenac, Vice President

Teamsters Local Union 385

126 N. Kirkman Road

Orlando, FL 32811

 

Re:  Election Office Case No. P-533-LU385-SEC

 

Gentlemen:

 

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (Rules) by Gerald Burns, a member of Local Union 385 and a candidate for delegate on the Independent slate.  Mr. Burns alleges that Mario Ferenac, vice president of Local Union 385 and a candidate for delegate on the Local 385 slate, engaged in improper campaigning during a membership meeting on February 24, 1996.  Specifically, Mr. Burns states that Mr. Ferenac falsely accused Howard Frady, another member of the Independent slate, of misusing local union funds at the 1991 International convention.  Mr. Burns alleges that Mr. Ferenac thereby violated the Rules by:  (1) making false statements about Mr. Frady; (2) campaigning during a membership meeting in violation of established local union practice prohibiting campaigning inside the local union hall; and (3) campaigning during working hours.

 

This protest was investigated by Adjunct Regional Coordinator Maureen Geraghty.

 

Local Union 385 held its February 24 general membership meeting in the local union hall.  Approximately 10 to 20 minutes before the meeting started, Mr. Frady approached


Gerald Burns

March 7, 1996

Page 1

 

 

Mr. Ferenac in the back of the room and began the exchange on which Mr. Burns protest is based.  Mr. Frady stated, Mario, I thought you were a man of integrity.  Why are you telling lies about me?  Messrs. Frady and Ferenac then began to argue over whether Mr. Frady had lived too well at the 1991 International convention and whether former Local Union 385 officer Larry Parker had paid Mr. Fradys bar bill with the local unions credit card.  Among the remarks traded during the argument, Mr. Frady used profanity in calling Mr. Ferenac a liar, and Mr. Ferenac said, Hey Howard, the partys over.

 

A business agent broke up the argument after a few minutes, and Messrs. Frady and Ferenac walked away from each other.  There were about 20 members in the meeting room at the time.

 

The membership meeting began 10 to 15 minutes later, after approximately 20 more members arrived.  It was conducted by Local Union 385 President Danny Peterson, who made no reference to the argument, to 1991 International convention expenses, or any campaign statements.  Mr. Ferenac spoke briefly during the meeting about an unrelated subject and made no campaign statements.

 

The protester asserts that the argument engaged in by Mr. Ferenac violated the Rules, because Mr. Ferenac engaged in campaigning within the local union hall and on work time.  This allegation ignores the fact that it was Mr. Frady who initiated the argument while he and Mr. Ferenac were in the hall and while Mr. Ferenac was on work time.

 

Article XIV, Section 1of the Rules provides that: 

 

No protest of any person or entity shall be considered if such person or entity, or anyone acting under their direction or control or on their behalf, caused or significantly contributed to the situation giving rise to such protest.

 

The Election Officer finds that Mr. Frady started the argument with Mr. Ferenac in order to defend his record, credit himself in the election process, and thereby benefit his slate and its other members, including Mr. Burns.  Therefore, the Election Officer will not consider Mr. Burns protest, insofar as it arises from circumstances that Mr. Frady created, i.e., that Mr. Ferenac was inside the local union hall and on work time when he responded to the argument that Mr. Frady started.[1]

 

For the foregoing reasons, the protest is DENIED.

 


Gerald Burns

March 7, 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 & 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 N. Capitol Street, Suite 855, Washington, DC 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

Maureen Geraghty, Adjunct Regional Coordinator


[1]With respect to the protesters allegation that Mr. Ferenacs statements about

Mr. Frady were false,  the Election Officer has consistently held that the Rules do not impose upon candidates the duty to be truthful in their remarks about opposing candidates.  Kieffer, P-390-LU435-RMT; Landwehr, P-201-LU795-MOI (November 15, 1995); Newhouse, P-388-LU435-RMT (February 21, 1996).