April 30, 1996
VIA UPS OVERNIGHT
Yvette Vega, et al.
April 30, 1996
Page 1
Yvette Vega
425 E. 51st Street #16
New York, NY 10022
David Pratt
536 Prospect Avenue
Brooklyn, NY 11215
Matthew R. Eanuzzi
70 Woodview Lane
Centerreach, NY 11720
Anthony Mungin
2568 Western Avenue
Altamont, NY 12009
The Real Teamsters for
Local 966 Slate
c/o Matthew R. Eanuzzi
70 Woodview Lane
Centerreach, NY 11720
Steven Zacchario
55 Highfield Avenue
Port Washington, NY 11050
Frito Lay Wyandanch Facility
12 Richbern Court
Wyandanch, NY 11798
Greenwood Cemetery
500 25th Street
Brooklyn, NY 11232
Dominick Martucci
6617 12th Avenue
Brooklyn, NY 11219
Susan Jennik
Teamsters Local Union 966
321 W. 44th Street, 10th Floor
New York, NY 10036
Yvette Vega, et al.
April 30, 1996
Page 1
Re: Election Office Case Nos. P-646-LU966-NYC, P-686-LU966-NYC,
P-691-LU966-NYC, Post-20-LU966-NYC
Gentlepersons:
Yvette Vega, et al.
April 30, 1996
Page 1
Yvette Vega and David Pratt, members of Local Union 966, filed pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). In P-646-LU966-NYC and P-691-LU966-NYC, the protesters allege that certain employers made improper contributions to the Real Teamsters for Local 966 Slate and to delegate candidate Matthew Eanuzzi. In P-686-LU966-NYC, Mr. Pratt alleges improper campaigning by a former local union business agent at the Frito Lay Wyandanch facility. Acting under Article XIV, Section 2(f)(2) of the Rules, the Election Officer deferred resolution of the protests until after the delegate election for Local Union 966. In
Post-20-LU966-NYC, Mr. Eanuzzi complains that he was not provided with a membership list or another type of list which was provided to an opposing candidate.
New York City Protest Coordinator Barbara Deinhardt investigated the protests.
1. Improper Contributions: P-646-LU966-NYC
In P-646-LU966-NYC, Ms. Vega alleged that an unidentified employer paid Linda Carr, a former member of the local union, to help process and distribute materials for a campaign mailing for the Real Teamsters for Local 966 slate. Ms. Vega has now advised the Election Officer that she wishes to withdraw her protest. The Election Officer, finding that the proposed withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.
2. Campaigning at Frito Lay: P-686-LU966-NYC
In P-686-LU966-NYC, Mr. Pratt alleges that Steven Zacchario, a former business agent for the local union, had campaigned at the Frito Lay Wyandanch facility. The protester referred the investigator to witnesses Rich Brady and Steve Moffitt to support his allegation. These gentlemen report that Mr. Zacchario was not campaigning at the Frito Lay facility on the date alleged, but was soliciting for a charity unrelated to the delegate election.
Article XIV, Section 1 of the Rules places the burden on the complainants “to present evidence that a violation has occurred.” Further, the Election Appeals Master has stated that the protester bears the initial burden of proof to offer evidence substantiating his allegations. In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996). Mr. Pratt has failed to provide the evidence to support his protest as required by the Rules. Therefore, the protest is DENIED.
3. The Greenwood Cemetery Telephone List: P-691-LU966-NYC
In P-691-LU966-NYC, Mr. Pratt alleges that Dominick Martucci, a candidate on the Real Teamsters for Local 966 slate, had received a list of members’ telephone numbers from Frank LoFazio, a supervisor at the Greenwood Cemetery (“Greenwood”), which employs many seasonal members. Article XII, Sections 1(a) and (b) of the Rules prohibit contributions by employers. Such a contribution would include an employee telephone list.
Yvette Vega, et al.
April 30, 1996
Page 1
The protester bases his allegation on a conversation he had with Joe Diaz, a shop steward at Greenwood. Mr. Pratt claims Mr. Diaz told him that Mr. Martucci had requested and received from Greenwood, a list of telephone numbers of the members employed there. Mr. Diaz told the Protest Coordinator that he thinks Mr. Martucci received such a list because a supervisor told him that Mr. Martucci had requested such a list from him, but he sent Mr. Martucci to another supervisor, Mr. LoFazio.
In response, Mr. Martucci denies he has such a list. Mr. LoFazio, who was identified as the supervisor who supplied the list, denies Mr. Martucci ever requested or received a list from him.
The protester was unable to supply any direct evidence to support his claim. In the face of the firm denials by Messrs. Martucci and LoFazio that a list of Greenwood employees was ever requested or received, the Election Officer finds the allegation of an improper employer contribution is not supported by the evidence. Accordingly, the protest is DENIED.
4. The Membership List at the Ballot Count: Post-020-LU966-NYC
In Post-20-966-NYC Mr. Eanuzzi alleges that the local union attorney, Susan Jennik, gave a membership list or another type of list to delegate candidate Yvette Vega and her observer Raul Coronado at the ballot count. The protester contends he should have received the same list “of members who voted.”
The investigation revealed that at the request of Ms. Vega, Ms. Jennik supplied a list of ex-members at Nassau/Suffolk Consultants, an employer which had a contract with the local union which expired on December 31, 1995 and was not renewed. Ms. Vega requested the list in order to challenge anyone on the list who attempted to vote. The list was supplied to Ms. Vega at the count site and was returned after the count. None of the persons on the list returned a ballot.
There is no evidence this was a list of members who voted or that the protester would have been denied such a list, if requested, prior to the count. The protest is therefore 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
Yvette Vega, et al.
April 30, 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.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Barbara Deinhardt, New York City Protest Coordinator
Arthur Wasserman, Regional Coordinator