November 5, 1996
VIA UPS OVERNIGHT
Eddie Jackson
November 5, 1996
Page 1
Eddie Jackson
205 Remington
Kilgore, TX 75662
American National Can Company
1001 Fisher Road
Longview, TX 75601
James Hoffa Campaign
c/o Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman, P.C.
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
Eddie Jackson
November 5, 1996
Page 1
Re: Election Office Case No. P-1127-LU745-SOU
Gentlemen:
Eddie Jackson, a member of Local Union 745, 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 while campaigning on behalf of James P. Hoffa, a candidate for general president, campaigners blocked the entrance and exit of American National Can Company (“American National”) in Longview, Texas, and cursed a female employee who threw their campaign material out of her car window.
Mr. Hoffa denies that his campaign had any knowledge of the alleged activities described in the protest.
This protest was investigated by Regional Coordinator Dolores C. Hall.
The underlying facts are not in dispute. On October 18, 1996, a Hoffa rally was held on a public right-of-way near American National. Leaflets were distributed, and the campaigners shouted “Hoffa” as employees of American National entered and exited the plant. The demonstrators lined each side of a driveway leading to the plant, and occasionally crossed the driveway from one side to the other. American National was aware of the rally, and it was monitored by Margaret Plunkett, director of human resources. According to the protester, during the rally, a female employee was cursed when she hurled the campaign literature back towards the campaigners from her car window. Ms. Plunkett states that at no time did she feel that employees were threatened, or that the entrances or exits to the company’s property were blocked.
Eddie Jackson
November 5, 1996
Page 1
Article VIII, Section 11(a) of the Rules protects the right of IBT members to participate in campaign activities in support of any candidate. Article VIII, Section 11(f) prohibits retaliation and the threat of retaliation by any person against a member for exercising any right guaranteed by the Rules. This 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 the Rules), See Sheibley, P-1010-LU653-ENG (October 14, 1996) (circling--without blocking--campaigners, heckling and shouting obscenities at campaigners does not violate the Rules).
Thus, even if a female employee was cursed by a campaigner, this does not constitute a violation of the Rules. While the evidence suggests that the rally was loud, boisterous and that profanities may have been used, campaigners were nevertheless engaging in conduct protected by the Rules. There is no evidence that the campaigners blocked access to American National.
In consideration of the foregoing, 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
Dolores C. Hall, Regional Coordinator