Protest Decisions

November 13, 1996

VIA UPS OVERNIGHT

Jeffrey Cederbaum

12 Rocky Glen

Seymour, CT 06483

Jack Powers, Secretary-Treasurer

Teamsters Local Union 1150

150 Garfield Avenue

Stratford, CT 06497

Re:  Election Office Case No. P-1001-LU1150-ENG

Gentlemen:

Jeffrey Cederbaum, a member of Local Union 1150, 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 Local Union 1150, alleging that he was denied access to the local union’s property for the purpose of campaigning, in violation of the Rules.  The protester further states that he was harassed and intimidated by Local Union 1150 stewards opposed to his support for general president and candidate Ron Carey.

Local Union 1150 responds that it has never permitted campaigning on its property or in its parking lot, and the Rules do not obligate it to do so at this time.

Associate Regional Coordinator David F. Reilly investigated this protest.

The facts of this protest are not in dispute.  On September 18, 1996, at approximately 3:45 p.m., Mr. Cederbaum and Local Union 1150 member Gary Thibeault arrived at Local 1150’s union hall for the purpose of distributing Carey campaign literature and speaking with local union members who were entering a regularly scheduled union meeting.  Mr. Cederbaum and Mr. Thibeault initially campaigned in the street and on the sidewalk in front of the hall without incident.  When they moved into the parking lot, however, Local Union Steward

Jeffrey Cederbaum

November 13, 1996

Page 1

John Santamaria came out of the building and stated that campaigning on union property violated the Rules.  Mr. Santamaria told Mr. Cederbaum and Mr. Thibeault that they would have to return to the street in order to continue campaigning.  According to the protester, he attempted to explain the Rules to Mr. Santamaria but the latter quickly became abusive.  Mr. Cederbaum and Mr. Thibeault returned to the street at that point.

Mr. Cederbaum states that upon their return to the street, he and Mr. Thibeault “encountered a group of about a half a dozen stewards or so who began to harass us verbally with obscene vulgarities.”   According to the protester, the stewards crumpled the campaign materials which Mr. Cederbaum and Mr. Thibeault had distributed, threw them to the ground and kicked them at him and Mr. Thibeault, along with some trash.

Article VIII, Section 11(a) of the Rules states as follows:

All Union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, [and] to aid or campaign for any candidate . . . This includes, but is not limited to, the right to distribute campaign literature and to otherwise solicit support for a member’s candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.

Bruce Peters, president of Local Union 1150, informed the Associate Regional Coordinator that the local union historically has prohibited campaigning on its property. 

Mr. Peters asserted that the guarantee of access set forth in Article VIII, Section 11(a) of the Rules does not apply to Local Union 1150 due to this precedent.  Mr. Peters told the Regional Coordinator that the local union has demonstrated “a hands off attitude to date, but now we are getting tired of being harassed and subjected to these protests.”[1] 

Jeffrey Cederbaum

November 13, 1996

Page 1

The right to campaign outside a local union hall before, during, and after a meeting cannot be restrained by the local union.  Passo, P-469-LU705-CHI et seq. (February 29, 1996), aff’d in relevant part, 96 - Elec. App. 124 (KC) (March 13, 1996); Hoffa, P-784-LU282-NYC (June 14, 1996).    The Election Officer finds that Local Union 1150 violated the Rules when

Mr. Santamaria denied Mr. Cederbaum and Mr. Thibeault access to the parking lot for the purpose of campaigning. 

The fundamental goal of the Consent Decree and the Rules is a fair, open and democratic election process.  The ability of candidates and members to engage in face-to-face campaigning is critical to that process.  Thus, the Rules, in Article VIII, Section 11(e), create and enforce a right for members to enter upon employer premises to campaign in parking lots used by members.  As the Election Officer has stated, “[t]he analogous right of members to campaign outside local union halls is specifically protected by the Rules and is no less important.”  Hoffa, supra.  

Mr. Peters’ contention that the past practice of the local union justified the denial of access is without merit.  Under the Rules, past practice is relevant only when determining the right of candidates and members to campaign inside a union hall.[2]  See Passo, supra.  In comparison, the right to campaign outside a union hall before, during and after meetings is unqualified by the Rules.

Not only did the local union prevent the protester and Mr. Thibeault from a right to campaign under the Rules, local union stewards attempted to further block this right by yelling obscenities at the protester and Mr. Thibeault.

For the foregoing reasons, the protest is GRANTED.

When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.”  Article XIV, Section 4.  In fashioning the appropriate remedy, the Election Officer looks to such factors as the nature and seriousness of the violation, the violation’s potential for interfering with the election process, and which remedy will best protect the rights of members to a free and fair election.

Conduct which inhibits the ability of members to support candidates in the International election or which punishes members for engaging in election-related activity is particularly egregious because it undermines the Election Officer’s mission as established by the Consent Decree.  United States of America v. Int’l Bhd. of Teamsters, et al., No. 88 Civ. 4486 (D.N.E. (S.D.N.Y. March 14, 1989).  Mr. Peter’s statement to the Regional Coordinator, in light of the history of protests involving this local, display an attitude of wilful indifference to the Rules.  Such an attitude will not be tolerated.

The Election Officer orders the following remedy:

Jeffrey Cederbaum

November 13, 1996

Page 1

(1) Local Union 1150 shall cease and desist from depriving IBT members of their right under the Rules to campaign outside the local union hall before, during and after meetings.

(2) Within two (2) days of the receipt of this decision, Mr. Peters shall execute the attached notice and post it on all Local Union 1150 bulletin boards at the local union hall.  The notice shall remain posted for thirty (30) days.

(3) Within three (3) days of the receipt of this decision, Mr. Peters shall mail the attached notice to all Local Union 1150 stewards.

(4) The attached notice shall be read out loud at the next regularly scheduled general membership meeting and the next regularly scheduled stewards’ meeting.

(5) Within five (5) days of the posting of this decision, Mr. Peters shall execute and file an affidavit with the Election Officer describing his compliance with the provisions of this order. 

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

David F. Reilly, Associate Regional Coordinator             

NOTICE TO MEMBERS OF LOCAL UNION 1150

The Election Officer has found that Local Union 1150 violated the Election Rules when Local Union 1150 members were prevented from campaigning outside of the Local Union 1150 hall before and during the general membership meeting on September 18, 1996.  The Election Officer has ordered Local

Union 1150 to cease and desist from such conduct.

Members have the right to campaign for or against candidates in the International officer election outside the union hall, including the parking lot, before and during the general membership meetings.  Local Union 1150 will not restrict such rights under the Election Rules.

It is a violation of the Election Rules for any local union officer or IBT member to threaten, coerce, intimidate or harass a member because he or she exercises rights guaranteed under the Election Rules.

Any member believing the Election Rules have been violated may file a protest with the Election Officer at 400 N. Capitol Street, N.W., Suite 855, Washington, D.C. 20001; telephone (800) 565-VOTE or (202) 624-3500; facsimile (202) 624-3525.

___________________________

Bruce Peters, President

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.