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Office of the Election Supervisor for the International Brotherhood of Teamsters

              December 3, 1996

 

 

VIA U.S. EXPRESS MAIL

 


Anthony DiDonato & Dane Passo

December 3, 1996

Page 1

 

 

Anthony DiDonato

P.O. Box 478

Sugar Grove, IL  60554

 

Dane Passo

6811 W. Roosevelt Road

Berwyn, IL  60402


Gerald Zero, Secretary-Treasurer

Teamsters Local Union 705

1645 W. Jackson Boulevard

Chicago, IL  60612


Anthony DiDonato & Dane Passo

December 3, 1996

Page 1

 

 

Re:  Election Office Case No. P-1119-LU705-CHI

 

Gentlemen:

 

Anthony DiDonato and Dane Passo, both members of Local Union 705, 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).  The protesters allege that Gerald Zero, secretary-treasurer of Local Union 705, filed internal union charges against the protesters in retaliation for Mr. DiDonatos filing of a protest against Ron Jones, a steward of Local Union 705, and for his support of the Jim Hoffa-No Dues Increase-25 & Out Slate (Hoffa slate).  The protesters assert that one day after Mr. Zero was notified by the Election Office of Mr. DiDonatos protest against Mr. Jones, Mr. Zero filed internal union charges against them.  They also allege that the internal union charges are without merit.

 

Mr. Zero denies that he filed the internal union charges against the protesters in retaliation for Mr. DiDonatos protest against Mr. Jones and his support for the Hoffa slate.  Mr. Zero maintains that three members of Local Union 705 initiated the charges against the protesters on September 18, 1996, well before Mr. DiDonato filed the protest against

Mr. Jones on October 13, 1996.  Mr. Zero notes that in his letter of October 15, 1996, he only notified the protesters that internal union charges had been filed and the date of the hearing in November 1996. 

 

Regional Coordinators Julie E. Hamos and Judith E. Kuhn investigated the protest.


Anthony DiDonato & Dane Passo

December 3, 1996

Page 1

 

 

The investigation revealed the following.  On March 17, 1996, Local Union 705 held

a membership meeting.  Harry Stewart, Bruce Weyand and Karen Staab, all members of Local Union 705 in attendance at the membership meeting, sent letters to Mr. Zero and/or the

local unions executive board dated March 20, 1996, March 18, 1996 and March 28, 1996, respectively, regarding their disgust with the disruptive behavior of the protesters and

Andre Williams, another Local Union 705 member, at the membership meeting. 

 

At a stewards meeting on September 18, 1996, Mr. Zero received a joint letter from Messrs. Stewart and Weyand and Ms. Staab requesting that the executive board of Local Union 705 file internal union charges against the protesters and Mr. Williams for disrupting, intimidating and blocking access to the local union hall prior to the membership meeting on Sunday, March 17, 1996.  According to the minutes of the local unions executive board meeting on September 20, 1996, the internal union charges filed by Messrs. Stewart and Weyand and Ms. Staab against the protesters and Mr. Williams were discussed and referred to Mr. Zero for appointing the hearing panel and scheduling the hearing.  The evidence indicates that after September 20, 1996, Mr. Zero followed the local unions standard practice for appointing members to a hearing panel and scheduling the hearing on a mutually agreeable date for all panel members.  When these arrangements had been made, the notice letter was then sent.

 

On October 13, 1996, Mr. DiDonato filed the protest against Mr. Jones, who works at the Roadway Express terminal in Elk Grove, Illinois.  On October 15, 1996, Mr. Zero received a copy of that protest from the Election Office.  On the same day, Mr. Zero notified the protesters that internal union charges had been filed against them and that a hearing would be held on November 13, 1996. 

 

Article VIII, Section 11(a) of the Rules guarantees members the right to participate in campaign activities, including the right to . . . support or oppose any candidate [and] to aid or campaign for any candidate.  This basic right, so essential to the goal of a free and fair election, is reinforced in Section 11(f)s prohibition on retaliation against any IBT member for exercising any right guaranteed by this or any other Article of the Rules.  An alleged violation of this section, however, is sustainable only if there is some evidence that connects the protested conduct with a guaranteed right under the RulesGiacumbo, P-100-IBT-PNJ (October 13, 1995); Salucci, P-178-LU552-MOI (October 31, 1995); Hasegawa, P-318-LU174-PNW et seq. (February 5, 1996).

 

In the instant case, the Election Officer does not find that Mr. DiDonatos filing of an election protest against Mr. Jones was the motivating factor for Mr. Zeros notice to the protesters on October 15, 1996 indicating that internal union charges had been filed against them.  The evidence indicates that although the protesters were notified of the internal union charges by Mr. Zeros letter of October 15, 1996, the charges were actually filed on September 18, 1996, three weeks before Mr. DiDonato filed the protest against Mr. Jones.  Subsequent to the filing of charges, Mr. Zero took the steps required for a disciplinary procedure, including the sending of the notice letter.

 


Anthony DiDonato & Dane Passo

December 3, 1996

Page 1

 

 

Thus, the Election Officer concludes that the coinciding of these two events, the election protest filed on October 13, 1996 against Mr. Jones and Mr. Zeros notice to the protesters dated October 15, 1996 regarding internal union charges filed against the protester, is unrelated and does not provide any inference of retaliatory intent on Mr. Zeros part.

 

Based upon the evidence provided, the Election Officer finds that Mr. Zero did not violate Article VIII, Section 11(f) of the Rules.

 

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

 

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

Judith E. Kuhn, Regional Coordinator