November 20, 1996
Harold Powell
November 20, 1996
Page 1
VIA FACSIMILE & UPS OVERNIGHT
Harold Powell, President
Teamsters Local Union 284
555 E. Rich Street
Columbus, OH 43215
Fax (614) 228-0901
Mike Wellman, Secretary-Treasurer
Teamsters Local Union 413
555 E. Rich Street
Columbus, OH 43215
Fax (614) 228-3933
Jimmy Duff, President
Teamsters Local Union 413
555 E. Rich Street
Columbus, OH 43215
Fax (614) 228-3933
Harold Speakman
4985 Atwater Drive
Columbus, OH 43229
Tom Pazzi
James Hoffa Campaign
1959 E. Jefferson Avenue
Detroit, MI 48207
Fax (313) 568-4921
Ron Carey Campaign
c/o Nathaniel K. Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Fax (212) 695-5436
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Fax (810) 855-6501
Harold Powell
November 20, 1996
Page 1
Re: Election Office Case No. P-1086-LU413-CLE
REISSUED DECISION
Gentlemen:
Harold Powell
November 20, 1996
Page 1
Harold Powell, president of Local Union 284, 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”) alleging that the Ohio Committee to Re-Elect Ron Carey (“Ohio Committee”) held a campaign rally in the basement and parking lot of Local Union 284 on October 14, 1996, which was disrupted in the parking lot by counter-protesters from a pro-Hoffa rally across the street. He further alleges that the disruption was led by the Hoffa rally’s organizers, Local Union 413 Secretary-Treasurer Mike Wellman, Local Union 413 President Jimmy Duff and former Local Union 284 President Harold Speakman, and that the disruption was “for the purpose of threatening, coercing, and intimidating attendees of the [Ohio] Committee event.” Mr. Powell states that attendance at the Ohio Committee rally was depressed by the disruption and by the circulation of a flier several days before, which incorrectly stated that Local Union 284 sponsored the competing pro-Hoffa rally. Mr. Powell lodges his protest against Messrs. Wellman, Duff and Speakman and the Hoffa campaign.
Messrs. Wellman and Duffy respond that Hoffa supporters were attending a scheduled rally across the street from the parking lot occupied by part of the Ohio Committee’s rally and that taunts from Carey supporters caused Hoffa supporters to enter the lot. They further state that the Ohio Committee did not have exclusive use of the parking lot and that the interaction between Hoffa and Carey supporters was “verbal and noisy” without violating the Rules.
This protest was investigated by Regional Coordinator Joyce Goldstein.
Local Unions 284 and 413 occupy the Columbus Teamsters Building (“Teamsters Building”) in Columbus, Ohio. The officers of Local Union 284 generally support Mr. Carey, and the officers of Local Union 413 generally support Mr. Hoffa. There are other occupants in the Teamsters Building as well. The building, parking lot and another parking lot across the street are owned by the Building Company. The parking lot across the street is leased to Parking Company of America.
On Sunday, October 13, 1996, the Ohio Committee rented the basement of the Teamsters Building for a Carey campaign event from 12:00 p.m. to 3:00 p.m. Mr. Carey attended the event and gave a speech in the basement of the hall. Mr. Powell alleges that rental of the basement included rental of the parking lot. In the parking lot, a beer wagon was set up by the steps down to the basement, and there were several cooking grills and tables for the sale of Carey campaign material.
With respect to the Hoffa rally, Mr. Wellman states that several IBT members decided to hold it after seeing notices advertising the Carey rally. The Hoffa rally was scheduled to begin at 11:00 a.m. On the record compiled during the investigation, the Election Officer finds that Messrs. Wellman and Duffy were among the principal organizers. They distributed the flier used to advertise the rally.[1] Mr. Duffy originally stated to the investigator that Mr. Wellman prepared the flier, although Mr. Duffy later tried to retract that statement. Mr. Wellman denies it. The Election Officer finds that Mr. Wellman was responsible for this flier.
Harold Powell
November 20, 1996
Page 1
There is conflicting evidence as to where the Hoffa rally was to be held. Mr. Duffy’s wife signed a check made out to Parking Company of America for rental of the lot across the street from the Teamsters Building. However, the flier distributed by Messrs. Wellman and Duffy gave the location as the “Union Hall’s Parking Lot” at “555 East Rich Street,” which is the address of the Teamsters Building itself. Mr. Powell submitted a videotape of some of that day’s events, which shows Mr. Wellman and approximately 10 other Hoffa supporters gathering in the entrance lane to the Teamsters Building parking lot, not the parking lot across the street.
Mr. Powell contends that the Carey rally’s activities in the Teamsters Building parking lot were substantially disrupted by Hoffa supporters. The videotape shows that the Carey rally’s organizers had set up the lot for food, drinks and campaign activity. The tape also shows persons wearing Hoffa campaign material assembling at the lot and then engaging in substantial counter-demonstration activity, including showing pro-Hoffa and anti-Carey signs and yelling anti-Carey messages. The tape shows Carey supporters asking counter-demonstrators to leave, and counter-demonstrators asserting a right to be there. At one point, a mounted policeman is shown informing a group of counter-demonstrators that the hall had been rented for the day and then unsuccessfully asking the group to leave. The tape ends as a Carey supporter and Mr. Wellman shouted at each other over bullhorns. As noted above, Mr. Powell alleges that the counter-demonstration “threatened, coerced and intimidated members attending the Ron Carey campaign event . . .”
In response, Mr. Wellman states that the counter-demonstration was peaceful, and he submitted written statements to that effect from 12 members who were present. He states, “[w]hile both sides were verbal and noisy, each side loudly expressed their own political viewpoints, but no one was physically assaulted, nor was any property damage done.”
Mr. Powell does not allege violence, and the Election Officer’s investigation uncovered none.
Mr. Wellman further responds that rental of the basement of the Teamsters Building entitles the renter to use of the parking lot for parking, but not for exclusive outdoor activities. He states that Local Union 413 members and Local Union 284 members have an equal right to use the hall’s parking lot.
As further evidence of disruptive intent, Mr. Powell furnished the Election Officer with a copy of a flier that he states was circulated prior to the Carey rally on October 13, which erroneously stated that Local Union 284 supported the Hoffa rally. The flier is identical in every respect to the flier, noted above, that Messrs. Wellman and Duffy distributed, except that Local Union 284, not Local Union 413, is identified as the sponsor. Thus, the flier submitted by
Mr. Powell is headed, “Important Message. Teamsters Local Union No. 284,” where the flier distributed by Messrs. Wellman and Duffy is headed, “Important Message. Teamsters Local Union No. 413.” Mr. Powell contends that the “284” Hoffa flier discouraged attendance at the Carey rally, as did the confrontation that ensued.
The Election Officer finds that the Hoffa counter-demonstration on October 13 did not disrupt the Carey rally in a manner that violated the Rules.
Harold Powell
November 20, 1996
Page 1
Although there was undisputed friction between Carey and Hoffa supporters in the parking lot behind the Teamsters Building, it did not rise to the level of retaliation.
Article VIII, Section 11(f) of the Rules provides:
Retaliation 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 this or any other Article of the Rules is prohibited.
That section is violated when members engage in physically or verbally aggressive behavior that threatens actual harm. Passo, P-469-LU705-CHI et seq. (February 29, 1996) (finding intent to provoke physical confrontation violates Rules), aff’d in relevant part,
96 - Elec. App. - 124 (KC) (March 13, 1996). The section does not proscribe “the natural discourse that arises as a result of campaign-related activities,” even if heated. Furst, P-949-LU430-PNJ (October 9, 1996) (“heated discussion” between protester and charged party does not violate Rules). See Dunn, P-110-LU25-BOS (July 28, 1995), aff’d, 95 - Elec. App. - 8 (KC) (August 21, 1995) (local union president did not violate Rules by following, hovering near and blocking path of campaigning member). The record in this matter does not reveal actions by either side that exceeded natural discourse between people with strongly held beliefs.
With respect to whether the organizers of the Carey rally were entitled to exclude the Hoffa counter-demonstration from the parking lot, the Election Officer finds insufficient evidence that rental of the Teamsters Building basement included exclusive use of the parking lot. Cf. Rudolph, P-861-TDU-PNW (August 29, 1996) (with respect to private TDU meeting, “members have the right to associate with like-minded members and to exclude others if they choose”). Neither Mr. Powell nor Mr. Wellman was able to produce any policy or form agreement governing the Building Company’s rental of the facility. Mr. Wellman’s contention that rental of the basement does not entail exclusive use of the parking lot, but only its use for parking purposes, is consistent with the fact that other tenants have offices in the building.
There is ample evidence in the record to show that the organizers of the Hoffa rally intended to disrupt the Carey rally. The Hoffa rally was scheduled for the same time and the same place as the Carey rally. Despite Ms. Duff’s rental of the parking lot across the street from the Teamsters Building, the videotape shows counter-demonstrators assembling on the side of the Teamsters Building at the entrance to the lot where Carey supporters would be.
Harold Powell
November 20, 1996
Page 1
The Election Officer nevertheless does not find harassment for purposes of the Rules. The parking lot behind the Teamsters Building serves members of Local Unions 284 and 413, and the Election Officer finds that the Carey rally did not have a right to its exclusive use. Traditionally, the parking lot of a local union hall is a place where the natural discourse of political debate is expected to take place. See Rules, Article VIII, Section 11(a) (specifically protecting right of members to campaign outside hall “before, during and after” local union meeting). On this record, the Election Officer will not interpret the Rules to stifle such debate, in the absence of behavior rising to the level of prohibited retaliation.
The fliers suggesting local union sponsorship, however, were improper. Article VIII, Section 11(b) of the Rules states: “The Union or a Local Union as such . . . may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.” As noted above, one flier stated, “Important Message. Teamsters Local Union No. 413” and the other stated “Important Message. Teamsters Local Union No. 284.” Thus, both fliers conveyed local union endorsement and support for a candidate, in violation of Article VIII, Section 11(a).
As noted above, the “413” flier was distributed by Local Union 413’s principal officers, Mr. Wellman and Mr. Duff, which contributed to the improper endorsement. There is no evidence in the record with respect to the distribution of the “284” flier, except that it appeared at Local Union 284 workplaces. Because the fliers are identical except for the local union number, the Election Officer finds that they were produced by the same person. As discussed earlier,
Mr. Duff originally stated that Mr. Wellman produced the “413” flier, but later tried to change his story, and Mr. Wellman denied it. Because both fliers are identical except for the local union number, the Election Officer finds that Mr. Wellman was responsible for both the “413” and “284” fliers.
For the foregoing reasons, the protest is GRANTED with respect to the improper endorsement stated on the “413” and “284” fliers for the Hoffa counter-rally and DENIED in all other respects.
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 views the nature and seriousness of the violation, as well as its potential for interfering with the election process.
The Election Officer orders the following:
1. Mr. Wellman and Mr. Duff shall cease and desist from producing or distributing campaign material suggesting endorsement or support by any local union for any candidate in the International officer election.
2. Within two (2) days of the date of this decision, Mr. Wellman shall execute the attached “Notice to Members of Local Union 413” and post it on all local union bulletin boards in Local Union 413’s offices and at all Local Union 413 workplaces. Within two (2) days of completing the posting, Mr. Wellman shall file an affidavit with the Election Officer demonstrating compliance with this order.
Harold Powell
November 20, 1996
Page 1
3. Within two (2) days of the date of this decision, Mr. Powell shall execute the attached “Notice to Members of Local Union 284” and post it on all local union bulletin boards in Local Union 284’s offices and at all Local Union 284 workplaces. Within two (2) days of completing the posting, Mr. Powell shall file an affidavit with the Election Officer demonstrating compliance with 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
Joyce Goldstein, Regional Coordinator
NOTICE TO MEMBERS OF LOCAL UNION 413
In connection with a campaign rally on October 13, 1996, the IBT Election Officer found that a flier was produced for the event that improperly suggested that an International officer candidate had the endorsement of Local Union 413 and another flier that improperly suggested that an International officer candidate had the endorsement of Local Union 284.
Neither Local Union 413 nor Local Union 284 endorses any candidate in the International officer election.
Under the Election Rules, no local union may endorse or support any candidate.
_________________________ ______________________________
Date Mike Wellman, Secretary-Treasurer
Teamsters Local Union 413
This is an official notice which must remain posted through December 10, 1996 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.
NOTICE TO MEMBERS OF LOCAL UNION 284
In connection with a campaign rally on October 13, 1996, the IBT Election Officer found that a flier was produced for the event that improperly suggested that an International officer candidate had the endorsement of Local Union 284.
The Election Officer did not find that Local Union 284 had any involvement in the fliers.
Local Union 284 does not endorse any candidate in the International officer election.
Under the Election Rules, no local union may endorse or support any candidate.
_________________________ ______________________________
Date Harold Powell, President
Teamsters Local Union 284
This is an official notice which must remain posted through December 10, 1996 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.
[1]The flier read, in part, “Important Message. Teamsters Local Union 413. Sunday, October 13, 1996. Teamsters Restore the Power. Support Hoffa Rally . . . Members from Hoffa’s Team will be present to answer your questions and will be prepared to debate
Ron Carey.”