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Office of the Election Supervisor for the International Brotherhood of Teamsters

April 3, 1996

 

 

VIA UPS OVERNIGHT

 

Thomas J. Baron

1935 Jackson Street

Portage, IN 46368

 

Vincent Allen, Vice President

Teamsters Local Union 142

1300 Clark Road

Gary, IN 46404

 

Re:  Election Office Case No. P-563-LU142-CHI

 

Gentlemen:

 

Thomas Baron, a member of Local Union 142 and a candidate for delegate from Local Union 142, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules).  The protester alleges that Vincent Allen, vice president of Local Union 142, threatened Mr. Baron’s life while speaking with another local union member.  The Election Officer deferred the protest for post-election review pursuant to her authority under Article XIV, Section 2(f)(2) of the Rules.

 

Vincent Allen responds that a conversation took place in which he was discussing his planned candidacy for local union office, but that no threats were made.

 

Adjunct Regional Coordinator Dennis Sarsany investigated the protest.

 

Article VIII, Section 11(f), which prohibits retaliation or threat of retaliation for exercise of rights guaranteed by the Rules, provides:

 


Thomas J. Baron

April 3, 1996

Page 1

 

 

Retaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules is prohibited.

 

On February 16, 1996, Mr. Barnett, a member of Local Union 142, happened to meet Mr. Allen at a local automobile dealership.  He recognized Mr. Allen, approached him, and they engaged in a general conversation covering several topics.  Among the topics discussed were local union politics and Mr. Barons candidacy for delegate and prospective candidacy for local union office. According to Mr. Allen, he commented on Mr. Barons inadequate performance as a former local union business agent, and considered Mr. Barons newly aggressive unionism interesting.  He remembers saying that Mr. Barons candidacy was an attempt to come back in and act like a union man.  Mr. Allen states Mr. Baron was mentioned in a casual conversation.

 

Mr. Barnetts statements about this conversation confirm that it was social small talk, and that Mr. Barons candidacy was one of the topics discussed. He stated that Mr. Allen commented that if Mr. Baron successfully obtained local union office that will be his last day.  He understood this to be an off-hand comment, and not a threat.  Another witness standing with them heard these words as that will be the day.

 

On February 26, Mr. Barnett told Mr. Baron about this conversation with Mr. Allen.  According to Mr. Barnett, Mr. Baron overreacted.  As Mr. Barnett put it, in construing

Mr. Allens words as a threat, in violation of the Rules, Mr. Baron “took it to the hilt.”

 

The Election Officer finds, under these circumstances, that the evidence shows that

Mr. Allen did not utter an intentional threat against Mr. Baron.  The encounter between

Mr. Allen and Mr. Barnett was fortuitous, and the conversation between them, initiated by

Mr. Barnett, was casual rather than heated or purposeful.

 

Threatening words or actions between supporters of opposing candidates in the context of ongoing animosity, and without a fight erupting, do not necessarily violate the RulesDunn

P-110-LU25-BOS (July 28, 1995), aff’d, 95 - Elec. App. - 8 (KC) (August 21, 1995).  See also Torpey, P-162-LU305-PNW (October 31, 1995) (“You’ll get yours on the 21st” not a threat in violation of the Rules); Scott, P-1092-LU745-SOU (November 21, 1991) (“Come into the locker room and let’s get it on” construed not to violate the Rules).

 

Accordingly, 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:

 

 

 


Thomas J. Baron

April 3, 1996

Page 1

 

 

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

Dennis Sarsany, Adjunct Regional Coordinator