October 4, 1996
VIA UPS OVERNIGHT
Todd Hartsell
1823 Green Park Circle
Ankeny, IA 50021
Jim Blanchard
Teamsters Local Union 147
2425 Delaware Avenue
Des Moines, IA 50317
Re: Election Office Case No. P-983-LU147-PNJ
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 Todd Hartsell, president of Local Union 90. Mr. Hartsell alleges that Jim Blanchard, a member of Local Union 147, threatened and harassed him, in violation of the Rules.
Regional Coordinator Peter V. Marks, Sr. investigated the protest.
Mr. Hartsell is employed by the IBT as a voter registration and political education coordinator. Mr. Hartsell contends that on September 13, 1996, Mr. Blanchard approached him at a restaurant and questioned him as to his job duties. According to Mr. Hartsell,
Mr. Blanchard loudly stated that the protester had better not be campaigning on union time and that he would file charges against Mr. Hartsell if he caught him campaigning. The protester states that Mr. Blanchard then cautioned him that he knew people all over town who would be watching Mr. Hartsell to make sure he was not campaigning. Mr. Hartsell states that he felt threatened by Mr. Blanchard’s actions.
Todd Hartsell
October 4, 1996
Page 1
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 by the Rules. The right to engage in political and campaign activities includes the right to be free from threats of violence. Lopez, P-456-LU743-CHI (April 10, 1996) (finding “I’ll kill you” to violate the Rules, in light of ongoing animosity between the parties); Smith, P-600-
LU150-CSF (April 30, 1996) (finding remark “you’ll be taken out of here in a body bag” to violate the Rules.); Kelly, P-600-LU705-CHI et seq. (March 27, 1991) (finding an aggressive threat to “kick their ass” made in a menacing manner to be harassment in violation of the Rules). A threat of physical violence for protected election activity, including filing of a protest, is chilling and cannot be tolerated.
Mr. Hartsell does not, however, allege that Mr. Blanchard threatened him with violence or any retaliation other than the threat to “file charges.” Mr. Blanchard, presumably referring to his right to file a pre-election protest, threatened to file such a protest if he observed Mr. Hartsell campaigning on union time. Such a threat is not forbidden by the Rules. Mr. Hartsell does not allege that Mr. Blanchard attempted to interfere with his exercise of any right guaranteed by the Rules. Mr. Blanchard’s words and actions, therefore, do not 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:
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, D.C. 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
Peter V. Marks, Sr., Regional Coordinator