November 21, 1996
VIA UPS OVERNIGHT
Nick Horboway
12236 90th Street
Edmonton, AB T5B 3Z5
Garny Corbin
Teamsters Local Union 362
1200-A 58th Avenue, S.E.
Calgary, AB T2H 2C9
Re: Election Office Case No. P-1186-LU362-CAN
Gentlemen:
Nick Horboway, a member of Local Union 362, 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 he was threatened by Garnet Corbin, a Local
Union 362 business agent, due to Mr. Horboway’s support for Ron Carey for IBT general president, in violation of the Rules.
Mr. Corbin responds that he did not threaten Mr. Horboway in any way.
This protest was investigated by Regional Coordinator Gwen K. Randall.
On or about November 4, 1996, when Mr. Horboway went to Local Union 362’s office to check the dispatch board, he encountered Mr. Corbin. According to the protester, Mr. Corbin stated that he had heard about Mr. Horboway’s campaigning for Mr. Carey on the pipeline, as well as at the facilities of other employers. Mr. Horboway alleges that Mr. Corbin said, “You want to hope Carey gets in or you will never get another job(;) you will be toast.” The protester claims that Mr. Corbin “made other threatening gestures also.”
Nick Horboway
November 21, 1996
Page 1
Mr. Corbin states that he had heard rumors that Mr. Horboway had claimed at various work sites that he was going to get Mr. Corbin fired from his job as business agent.[1] Mr. Corbin confronted Mr. Horboway with this information when he saw the latter in the local union’s office. According to Mr. Corbin, the protester replied, “I’m working on it [getting Mr. Corbin fired]; time will tell.” [2] At that point, Mr. Corbin admits that he said to Mr. Horboway, “You had better hope that your side wins.” Mr. Corbin asserts that he did not mean this as a threat, but to emphasize that Mr. Corbin planned on keeping his job. Mr. Corbin denies telling the protester that he would never get another job or that “you will be toast.”
Mr. Corbin’s version of the conversation between himself and Mr. Horboway was confirmed by Local Union 362’s secretary, Wanda Brown. According to Ms. Brown, both men spoke in loud voices.
Article VIII, Section 11(f) of the Rules provides as follows:
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.
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); Lopez, P-456-LU743-CHI (April 10, 1996) (finding “I’ll
kill you” to violate Rules in light of ongoing animosity between parties); Cecere, P-935-
LU122-ENG (October 23, 1996) (charged party violated the Rules by driving his car at campaigners). However, Section 11(f) 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); Corriea, P-930-LU150-CSF (September 12, 1996) (fact that charged party, much taller than protester, stood over latter’s desk, did not constitute violation, as charged party “was not aggressive or violent, nor did he threaten aggression or violence in any way”); Mee et al., P-1153-LU853-CSF et seq. (November 13, 1996) (“nasty exchange” between Carey and Hoffa supporters which was “heated and emotional” did not violate the Rules).
Nick Horboway
November 21, 1996
Page 1
In the instant protest, the investigation conducted by the Election Office indicates that Mr. Horboway and Mr. Corbin support different candidates for general president. It is also clear that animosity exists between these two men which is unrelated to the International election. While Mr. Horboway’s and Mr. Corbin’s encounter on November 4, 1996 was no doubt acrimonious, there is no evidence that Mr. Corbin threatened the protester with actual physical harm.[3] In light of the cases cited above, the Election Officer finds that Mr. Corbin did not engage in conduct that violated 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
Gwen K. Randall, Regional Coordinator
[1]According to Mr. Corbin, Mr. Horboway has asked the International union in the past to investigate the way in which he handled certain grievances for Local Union 362.
[2]In Mr. Horboway’s discussion with the Regional Coordinator, he corroborated this part of the exchange between himself and Mr. Corbin.
[3]In his protest, Mr. Horboway states that Mr. Corbin “made other threatening gestures also.” However, when questioned about this assertion, Mr. Horboway said that Mr. Corbin made other statements which he did not hear.