October 17, 1996
VIA UPS OVERNIGHT
Clifford T. Chentnik
October 17, 1996
Page 1
Clifford T. Chentnik
N3066 Apricot Road
Lake Geneva, WI 53147
Scott Duffy, Terminal Manager
Roadway Express
2630 Mason Avenue
Rockford, IL 61109
Richard Bennett
Roadway Services, Inc.
1077 George Boulevard
Akron, OH 44309
Barbara Leukart
Jones, Day, Reavis & Pogue
901 Lakeside Avenue
Cleveland, OH 44114
Clifford T. Chentnik
October 17, 1996
Page 1
Re: Election Office Case No. P-962-REX-CHI
Gentlepersons:
Clifford T. Chentnik, a member of Local Union 325 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 Scott Duffy, the terminal manager at the Roadway Express (“Roadway”) facility in Rockford, Illinois. Mr. Chentnik alleges that on September 9, 1996, Mr. Duffy removed anti-Hoffa campaign material from a union bulletin board at the facility, in violation of Article VIII, Section 11(d) of the Rules.
Roadway denies that Mr. Duffy removed any campaign literature. Roadway states that it is company policy not to allow campaign materials on company bulletin boards but that it does not police the postings on union bulletin boards. Mr. Duffy denies that he removed any campaign literature. He states, however, that he has removed literature from the union bulletin board that is profane or inappropriate.
The protest was investigated by Regional Coordinator Julie E. Hamos.
Clifford T. Chentnik
October 17, 1996
Page 1
The protester was the only witness to the incident protested. He states that at about 1:25 p.m. on September 9, he was filling his truck with oil while facing the building. From where he was standing, he had an unobstructed view of the union bulletin board through the window in the building doorway. He observed Mr. Duffy inspecting the bulletin board about 50 feet from where the protester was standing. On the bulletin board, there was a piece of campaign literature about Mr. Carey and Mr. Hoffa. The protester states that he observed Mr. Duffy remove the Carey literature and leave the Hoffa literature on the bulletin board.
As previously stated, Mr. Duffy denies removing any campaign literature. Mr. Duffy admits that he does not have a precise recollection of events on September 9. Mr. Duffy states that he has removed literature from the union bulletin board which contains profanity or is inappropriate, but states that he does not remove campaign literature.
Mr. Duffy and the protester both state that campaign literature has been posted and has remained posted on the union bulletin board since the alleged incident on September 9. The local union corroborates this information.
Article VIII, Section 11(d) of the Rules states that “[n]o restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity.” Here, Roadway admits that it permits campaign literature to be posted on the union bulletin board and therefore there is no dispute as to the preexisting right.
In the circumstances presented here, where the protester admits that campaign materials have been posted without interference by Roadway management both before and after this single alleged incident, the Election Officer finds there is no violation of 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:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Clifford T. Chentnik
October 17, 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
Julie E. Hamos, Regional Coordinator