August 13, 1996
VIA UPS OVERNIGHT
Leo Rogowski
34 White Road
Altamont, NY 12009
James Cerone, Sr.
37 Fairlawn Drive
Selkirk, NY 12158
Re: Election Office Case No. P-859-LU294-NYC
Gentlemen:
Leo Rogowski, a member of Local Union 294, 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”) against James Cerone, a shop steward for the local union. The protester alleges that Mr. Cerone physically assaulted him because he wore a Carey campaign T-shirt.
Mr. Cerone admits commenting on Mr. Rogowski’s T-shirt, but denies assaulting him.
New York City Protest Coordinator Barbara C. Deinhardt investigated the protest.
The protester works at Allied Systems in Newkirk, New York, where Mr. Cerone is the Local Union 294 shop steward. During the morning of July 26, 1996, the protester came to work wearing a Carey T-shirt under an unbuttoned work shirt. At some point that morning, the protester walked by Mr. Cerone, who told the protester, “Those colors are fading.” The protester understood this to be a reference both to his T-shirt and to the Carey campaign. He replied, “On the contrary, they’re shining clear and bright.”
Leo Rogowski
August 13, 1996
Page 1
Mr. Cerone then moved to just behind the protester, grabbed the collar of his work shirt and pulled several times on his collar, trying to remove his work shirt. The protester told Mr. Cerone, “Jimmy, if you don’t let go of my shirt, we’re going to have problems.” Mr. Cerone released the collar.
The protester walked about 20 feet away from Mr. Cerone. When he was standing in a doorway, Mr. Cerone came from behind him and pushed his elbow into the protester’s back, pushing him into the door jamb. Mr. Cerone then called the protester a “weasel.”
Randy Tamburello, an employee standing nearby, said to Mr. Cerone, “Jimmy, what did you hit him for?” Mr. Cerone replied, “I can’t help it, it’s in my nature.” The protester walked away. Prior to this incident, there was ongoing hostility between Mr. Cerone, on one hand, and the protester and Mr. Tamburello, on the other. Several witnesses to the protested incident agree there was physical contact initiated by Mr. Cerone.
The Rules, at Article VIII, Section 11(f), prohibit retaliation and the threat of retaliation by any person against a member for exercising any right guaranteed therein. No violation of this section can be sustained, however, unless there is evidence which expressly or inferentially connects the conduct which is alleged to be improper to an activity protected by the Rules. See Giacumbo, P-100-IBT-PNJ (October 13, 1995), aff’d, 95 - Elec. App. - 27 (October 26, 1995).
The right to engage in political and campaign activities includes the right to be free from threatening conduct, the use of physical force and violence. A physical assault upon a union member for exercising rights protected under the Rules “fundamentally undermines . . . fair, honest and open elections.” Teller, P-1086-LU741-PNW (December 27, 1991) (finding a violation where a local union trustee grabbed a union member by the arm, tapped a finger into the member’s chest, grabbed him by the jacket collar and pushed him against a wall.) See also Stefanski, P-282-LU174-SCE (January 22, 1996), aff’d, 96 - Elec. App. - 94 (KC) (February 21, 1996) (finding a violation where one union member grabbed another member’s arm in a menacing manner and ordered him to leave the facility where he was campaigning); In Re: Smith, 91 - Elec. App. - 51 (SA) (January 29, 1991) (finding a violation where a union member was struck on the back of the head for expressing unpopular political beliefs.)
The Election Officer finds that Mr. Cerone violated Article VIII, Section 11(f) of the Rules when he pulled the protester’s shirt collar and pushed him from behind with his elbow in front of other union members, and when he called him a weasel after referring to his Carey T-shirt.
Accordingly, the protest is GRANTED.
The Election Officer is empowered to remedy violations of the Rules by whatever action is appropriate. In order to remedy this violation of the Rules, Mr. Cerone is directed to comply with the following:
Leo Rogowski
August 13, 1996
Page 1
Mr. Cerone will cease and desist from interfering with the rights of IBT members under the Rules with respect to supporting or engaging in any campaign-related activity on behalf of any candidate for International office of the IBT.
Within four (4) days of receipt of this decision, Mr. Cerone will sign the enclosed notice and post it on the union bulletin board at the Allied Systems facility in Selkirk, New York, as well as on all bulletin boards at the Local Union 294 union hall for thirty (30) consecutive days.
Within two (2) days of posting the notice, Mr. Cerone will execute and file with the Election Officer an affidavit stating that he has complied with the foregoing order of the Election Officer and describing in detail the manner of such compliance.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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
Barbara C. Deinhardt, New York City Protest Coordinator
Arthur A. Wasserman, Regional Coordinator
NOTICE TO MEMBERS OF LOCAL UNION 294
You have the right to participate in campaign activities on behalf of candidates for International officer in the 1996 IBT Election.
The Election Officer has determined that I violated the Election Rules governing International officer elections by assaulting a union member because he wore a T-shirt supporting the candidacy of Ron Carey for general president.
No one, including local union officers, business agents, delegates, stewards or employees, may threaten, coerce, harass or otherwise retaliate or take any other adverse action against you because of your support of a particular candidate, or your lack of support of a candidate.
Any attempt by a Local Union 294 officer, steward, employee or member to interfere or retaliate against you because of your political activity in connection with the delegate election should be immediately reported to Barbara Zack Quindel, Election Officer, IBT, at her Washington, DC office. All such reports shall be immediately investigated and appropriate remedial action taken.
____________________________
James Cerone, Shop Steward
Teamsters Local Union 294
This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.
Approved by Barbara Zack Quindel, IBT Election Officer.