November 5, 1996
VIA UPS OVERNIGHT
James P. Hoffa
November 5, 1996
Page 1
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
John Jackson, President
Teamsters Local Union 676
101 Crescent Boulevard
Collingswood, NJ 08108
Sam Schofield, President
Independent Dockworkers Local Union 1
616 Station Avenue
Glendora, NJ 08029
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
James P. Hoffa
November 5, 1996
Page 1
Re: Election Office Case No. P-1114-LU676-PNJ
Gentlemen:
James P. Hoffa, a member of Local Union 614 and candidate for general president, 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 on October 20, 1996, someone attempted to run over a Hoffa supporter who was campaigning at a table outside Local Union 676’s hall during a local union meeting. He further alleges that the Hoffa campaign headquarters in Philadelphia, Pennsylvania was vandalized on two occasions, involving the theft of an American flag and the replacement of Hoffa signs with Carey signs. Mr. Hoffa lodges his protest against Local Union 676, Independent Dockworkers Local 1, members of Local
Union 676, members of Independent Dockworkers Local 1, and the Carey campaign.
Regional Coordinator Peter V. Marks, Sr. investigated this protest.
James P. Hoffa
November 5, 1996
Page 1
1. Allegation of Violence Against Hoffa Worker at Campaign Table
The investigation revealed that on October 20, 1996, Local Union 676 held a meeting at its hall. Members of the Independent Dock Workers’ Union, an independent union not affiliated with the Teamsters, campaigned for Ron Carey outside the hall. Supporters of Mr. Hoffa also set up two tables and distributed campaign material. Three of those supporters were witnesses to the ensuing incident: Local Union 107 member Wood, Local Union 676 member Colbert, and Local Union 676 member King.
While the meeting was taking place, a yellow Chevy Suburban with New Jersey tags drove into the parking lot and parked in a manner that blocked Mr. Colbert’s car. At one point, Mr. Colbert needed to drive Mr. King to another location. The driver of the Suburban moved before either Mr. Colbert or Mr. King could get out of the car to ask him to move. In doing so, however, the driver of the Suburban drove to the back of the parking lot, turned the vehicle around, and drove back at high speed. Still driving at high speed, the driver drove through the two Hoffa campaign tables, smashing them, and exited the parking lot. Mr. Wood states that he was at the table at the time and that he managed to get out of the way before the car could hit him. The suspect was described as a white male with blond hair.
The Regional Coordinator spoke to Messrs. Wood, Colbert and King and to the protester’s counsel. None were able to furnish information leading to the identity of the suspect.
The Regional Coordinator met with the president of the Independent Dock Workers’ Union and visited the loading docks at the Holt Cargo area in Gloucester City, New Jersey, where it was alleged that the suspect’s vehicle might be parked. On his first visit to the docks, the Regional Coordinator was not admitted to the parking area. The second time, however, he was able to search the area but did not locate the yellow Suburban.
The Regional Coordinator interviewed Hoffa campaign activist Don Howell, Jr., and Local Union 676 business agent Joseph Uchniat, both of whom were inside the hall when the incident occurred. The Regional Coordinator also spoke with the president of the local union, John Jackson, who was not present on October 20, and obtained a copy of the sign-in sheet from Local Union 676’s meeting. None of these efforts led to the identity of the suspect.
In his protest, Mr. Hoffa charges “Teamsters Local 676, Independent Dockworkers
Local 1, members of Local 676, members of Local 1, and/or the Carey campaign” as responsible for the incident. However, the investigation did not reveal any connection between the driver of the yellow Suburban and anyone from the Carey campaign, Dock Workers Local 1, or Local Union 676. None of the witnesses could place the driver as being present at the meeting or having a conversation with anyone at the site. Thus, the identity of the driver remains unknown.
Article VIII, Section 11(f) of the Rules provides:
James P. Hoffa
November 5, 1996
Page 1
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.
Article VIII, Section 11(f) is violated when members engage in physically or verbally aggressive behavior that threatens actual harm. Cecere, P-935-LU122-ENG (October 23, 1996) (driving car at campaigners and swerving before hitting them); Passo, P-469-LU705-CHI et seq. (February 29, 1996) (intentionally provoking physical confrontation), aff’d in relevant part,
96 - Elec. App. - 124 (KC) (March 13, 1996); Lopez, P-456-LU743-CHI (April 10, 1996) (saying “I’ll kill you” where ongoing animosity between parties); Smith, P-600-LU150-CSF (April 30, 1996) (saying “you’ll be taken out of here in a body bag”); Kelly, P-600-LU705-CHI et seq. (March 27, 1991) (aggressively threatening to “kick their ass” made in menacing manner).
The actions complained of in this protest go far beyond the pale of any allegations of violence that have come before the Election Officer thus far. “The Election Officer abhors and will not condone violence in connection with the election process.” Passo. As the Election Officer has stated:
Violence . . . has absolutely no place in the conduct of fair, honest and open elections pursuant to the Election Rules . . . [V]iolent conduct can reasonably be expected to influence the election process by discouraging campaign activity by union members. Such conduct is “chilling,” violative of the Rules and cannot be tolerated.
Passo.
Mr. Wood’s participation in campaign activities is protected by the Rules, at Article VIII, Section 11(b). However, the Election Officer is unable to attribute the violence against the Hoffa campaigner to any specific person. For this reason, this portion of the protest is DENIED.
2. Vandalism of Hoffa Campaign Headquarters in Philadelphia, Pennsylvania
Mr. Hoffa alleges that Hoffa campaign headquarters in Philadelphia, Pennsylvania was vandalized on two occasions when Hoffa placards on the exterior of the building were torn down and replaced with Carey campaign materials. On the first occasion, an American flag on the exterior was also stolen.
The Hoffa campaign headquarters are on a wide public street, half a block from a Police station. The Regional Coordinator visited the headquarters and met with Mr. Wood and
Mike Clark, Local Union 107 Hoffa campaign coordinator. They showed him photographs depicting Carey campaign material, including bumper stickers attached to the exterior of the building. They also showed him Hoffa placards that they said were torn down. There were no witnesses to the incident.
James P. Hoffa
November 5, 1996
Page 1
The Election Officer has found that the affixing of adhesive campaign stickers to private property without consent is vandalism and a violation of the Rules. Chentnik, P-182-LU325-CHI (October 31, 1995) (putting stickers on member’s car); Volpe, P-763-IBT-NYC et seq. (June 18, 1996) (putting stickers in restroom in member’s business); Willett, P-863-LU331-PNJ (August 16, 1996) (putting stickers on outside of local union hall).
In the current matter, it appears that unidentified person or persons targeted the Hoffa campaign headquarters because it was the campaign headquarters, tearing down Hoffa placards and putting up Carey campaign materials. Thus, the Election Officer finds that the vandalism was in retaliation for the exercise of protected campaign rights under the Rules, in violation of Article VIII, Section 11(f):
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.
Acts of retaliation have no part in the International officer election or any democratic process. Unfortunately, in the absence of evidence as to the identity of the person or persons responsible, this portion of the protest must be DENIED.
Although the protest as it relates to the allegation of violence is denied, the Election Officer finds that the allegations are serious and interfere with the members’ protected right to campaign. Accordingly, the Election Officer “may take whatever remedial action is appropriate.” Rules, Article XIV, Section 4.
Therefore the Election Officer orders that Local Union 676 take the following actions:
1. Within one (1) day of the receipt of this decision, the local union shall post copies of the enclosed notice on all bulletin boards at the local union hall.
2. Within one (1) day of posting of the notice, the local union will file an affidavit with the Election Officer indicating 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:
James P. Hoffa
November 5, 1996
Page 1
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
Peter V. Marks, Sr., Regional Coordinator
NOTICE TO MEMBERS OF LOCAL UNION 676
You have the right to participate in campaign activities on behalf of any candidate for International office in the IBT. It is a violation of the Election Rules for any IBT member to threaten, coerce, intimidate, or harass a member because they exercise 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.
____________________________
Barbara Zack Quindel
Election Officer
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.