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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

October 24, 1996

 

 

VIA U.S. EXPRESS MAIL & UPS OVERNIGHT

 


Anthony DiDonato

October 24, 1996

Page 1

 

 

Anthony DiDonato

P.O. Box 478

Sugar Grove, IL 60554

 

Gerald Zero, Secretary-Treasurer

Teamsters Local Union 705

1645 W. Jackson Boulevard

Chicago, IL 60612

 

Ron Jones

Roadway Express

2300 Landmeier

Elk Grove Village, IL 60007


Richard Bennett

Roadway Services, Inc.

1077 George Boulevard

Akron, OH 44309

 

Barbara Leukart

Jones, Day, Reavis & Pogue

901 Lakeside Avenue

Cleveland, OH 44114


Anthony DiDonato

October 24, 1996

Page 1

 

 

Re:  Election Office Case No. P-1085-LU705-CHI

 

Gentlemen:

 

Anthony DiDonato, a member of Local 705, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (Rules) against Ron James, a steward for Local 705 employed at Roadway Terminal 305 in Elk Grove, Illinois.   Mr. DiDonato alleges that Mr. James violated the  Rules by removing pro-Hoffa campaign material from a local union bulletin board at the Elk Grove terminal.

 

Mr. James denies removing the materials, but concedes that on one occasion he told Mr. DiDonato that the bulletin board was not to be used for campaign propaganda.

 

The protest was investigated by Regional Coordinator Julie E. Hamos.


Anthony DiDonato

October 24, 1996

Page 1

 

 

Mr. DiDonato claims that Mr. James removed campaign material from the bulletin board and that Mr. James admitted to removing this material, telling him that the bulletin board in question was to be used exclusively for union business.  Mr. James denies removing the material but acknowledges that in a discussion with Mr. DiDonato he told him that the bulletin board was to be used exclusively for union business.  There are no witnesses to the allegation that Mr. James removed the materials.

 

Based upon the investigation the Election Officer finds that Mr. James statement regarding the posting of campaign material on the bulletin board was misinterpreted by

Mr. DiDonato to mean that he, Mr. James, had removed campaign material from the bulletin board.  There is, therefore, insufficient evidence to find that the material in question was removed by Mr. James.

 

Article VIII, Section 11(d) of the Rules states:

 

No restrictions shall be placed upon candidates or members preexisting rights to use employer or Union bulletin boards for campaign publicity . . . Such facilities and opportunities shall be made available to all candidates and members on a nondiscrimi-natory basis.

 

The investigation determined that the employer permits its employees to post campaign material.  Thus, any removal of such material is prohibited under Section 11(d).  Hence,

Mr. James statement to the protester regarding the posting of campaign material on the bulletin board is incorrect and he is advised that such material may be posted and should not be taken down.  Since materials have been taken down from the bulletin board in question, however, after this protest was filed, the terminal manager has put a lock on the bulletin board and will post campaign materials upon request.  The protester has made such a request and has had campaign materials placed on the bulletin board.

 

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


Anthony DiDonato

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