November 22, 1996
VIA UPS OVERNIGHT
John McCormick
November 22, 1996
Page 1
John McCormick, President
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Gerald Zero, Sec.-Tres.
Teamsters Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Gerald Nerone, Labor Manager
United Parcel Service
2600 Warrenville Road
Downers Grove, IL 60515
Martin Wald
Schnader, Harrison, Segal & Lewis
1600 Market Street Suite 3600
Philadelphia, PA 19103
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
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
John McCormick
November 22, 1996
Page 1
Re: Election Office Case No. P-1135-LU705-CHI
Gentlemen:
John McCormick, president 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”) alleging that United Parcel Service (“UPS”) intentionally made a series of improper payroll deductions which interfered with the International officer election by causing IBT members to “disrespect their union,” and therefore refrain from voting in the International officer election. Mr. McCormick further alleges that as a result of UPS’s improper payroll deductions, 1,000 to 2,000 IBT members will refrain from voting.
John McCormick
November 22, 1996
Page 1
Jerry Nerone, regional labor relations manager for the North Central region, responded for UPS. Mr. Nerone denies that UPS intentionally made erroneous payroll deductions or interfered with the International officer election in any way. Mr. Nerone admits that UPS erroneously deducted a $5 monthly strike assessment from members’ paychecks on two consecutive weeks, but denies the error was intentional. Mr. Nerone further alleges that when he learned of the error, he directed his staff to inform the union and “develop any solution the union wants.”
This protest was investigated by Regional Coordinator Julie E. Hamos.
Mr. McCormick alleges that UPS has intentionally made a series of erroneous payroll deductions from members’ paychecks, and that UPS’s actions constitute a premeditated plan to interfere with the International election by causing IBT members to refrain from voting. Specifically, Mr. McCormick alleges that:
(1) In 1995, near the time local union officer election ballots were mailed, UPS intentionally deducted double dues from members’ paychecks;
(2) In 1996, near the time local union delegate ballots were mailed, UPS intentionally deducted double dues from members’ paychecks;
(3) In October 1996, near the time of the International officer election, UPS intentionally deducted inaccurate “union assessments,” ranging from $.50 to $476 from members’ paychecks; and
(4) In October, 1996, near the time of the International officer election, UPS intentionally deducted a $5 strike assessment from the paychecks of Local
Union 705 members, even though it was a monthly assessment that had been deducted from the members’ paychecks the previous week.
The only evidence offered by Mr. McCormick in support of his allegation that UPS’s errors were intentional is his allegation that UPS had previously discussed the monthly strike assessment with Local Union 705 and, thereafter, treated the strike assessment as a weekly payroll deduction. Mr. McCormick offers no evidence in support of his allegation that UPS’s actions will cause 1,000 to 2,000 members to refrain from voting.
John McCormick
November 22, 1996
Page 1
Article V, Section 12 of the Rules prohibits any person or entity from interfering with the right of any IBT member to vote.[1] In his protest, Mr. McCormick does not allege that UPS has interfered directly with the right of any IBT member to vote, or that UPS’s actions had any adverse effect on the eligibility of members to vote.[2] Mr. McCormick’s allegation is that by the creating ill will toward the union on the part of its members, UPS has decreased the likelihood that IBT members will be willing to exercise their right to vote.
There is insufficient evidence to show that UPS has interfered with the International officer election.
Accordingly, this 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
[1]Article V, Section 12 of the Rules states in part: “No person or entity shall limit or interfere with the right of any IBT member to vote, including but not necessarily limited to, the right to independently determine how to cast his/her vote, the right to mark his/her vote in secret and the right to mail the ballot himself/herself . . .”
[2]See Article VI, Section 1 of the Rules.