October 24, 1996
VIA UPS OVERNIGHT
Larry “Crash” Hartigan
6000 W. 127th Street
Pacos Heights, IL 60463
Gerald Zero, Secretary-Treasurer
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Re: Election Office Case No. P-1072-LU705-CHI
CORRECTED
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by
Larry “Crash” Hartigan, a member of Local Union 705 and a 1996 IBT Convention delegate. Mr. Hartigan alleges that Local Union 705 Secretary-Treasurer Gerald Zero retaliated against him for exercising rights guaranteed by the Rules. Mr. Hartigan alleges that in a letter dated October 3, 1996, Mr. Zero threatens to “initiate [ ] formal action” against him for distributing a flyer at 150-200 work sites employing IBT members.
This protest was investigated by Regional Coordinator Julie E. Hamos.
Mr. Hartigan’s flyer is entitled, “S.O.S. SAVE OUR SALARY.” The flyer’s subject matter relates to legislation on “overtime work without pay.” It relates to pending legislation which affects the unionized status of Federal Express and calls on U.S. senators to support a “Fair Hearing For Bill Hogan, Jr. Local 714.” An introductory page accompanying the flyer is addressed “Dear Dispatcher” and signed by “Larry Hartigan, Delegate, Local 705, I.B.T.” The cover page reads, “Official Notice . . . Please post where your drivers will notice as per Federal Election Officers guidelines for International Brotherhood of Teamsters.”
Mr. Hartigan attempted to distribute this flyer at several work sites employing IBT members.
Larry Hartigan
October 24, 1996
Page 1
Mr. Zero learned of Mr. Hartigan’s activities and wrote him a letter on October 3. Referring to Mr. Hartigan’s “letters” that “claim to be ‘official notices’ from Local
Union 705,” Mr. Zero told Mr. Hartigan that he had no right to post such notices on bulletin boards reserved for official union business because he is not a union officer. Mr. Zero states that while Mr. Hartigan can write to whomever he pleases, he should refrain from giving the impression that the letter is an official communication from Local Union 705. The letter ends, “[i]f I discover that you are continuing to impersonate an official of IBT Local 705 despite this warning, I will initiate more formal action against you.”
Article VIII, Section 11(f) of the Rules prohibits “[r]etaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by [the Rules].”
Here, the Election Officer finds that Mr. Hartigan has failed to demonstrate that he engaged in any conduct protected by the Rules. The subject matter of Mr. Hartigan’s flyer and cover sheet is not related to the IBT International officer election. It does not advocate on behalf of any candidate, nor does it reference the International officer or delegate election. As secretary-treasurer of the local union, Mr. Zero’s letter is a reasonable response towards ensuring that unauthorized persons do not mislead others as to official local union communications. There is no evidence that Mr. Zero’s letter to Mr. Hartigan is based on
Mr. Hartigan’s delegate status. Absent a showing that the Rules have been violated, the Election Officer has no jurisdiction over this matter.
Accordingly, Mr. Hartigan’s 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
Larry Hartigan
October 24, 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