November 21, 1996
VIA UPS OVERNIGHT
Dane Passo
November 21, 1996
Page 1
Dane Passo
6811 W. Roosevelt Road
Berwyn, IL 60402
Ron Carey Campaign
c/o Nathaniel K. 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
Dane Passo
November 21, 1996
Page 1
Re: Election Office Case No. P-1236-LU705-NYC
Gentlemen:
Dane Passo, a member 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”) against Ron Carey, incumbent general president and a candidate for reelection, and the Carey campaign for “destroying and defacing” a billboard supporting James P. Hoffa, a candidate for general president. Specifically, the protester alleges that on November 11, 1996, an unidentified man painted the words “Carey, Carey, Carey” on the billboard in white paint.
Mr. Carey and the Carey campaign deny any knowledge of this incident.
New York City Protest Coordinator Barbara C. Deinhardt investigated this protest.
Dane Passo
November 21, 1996
Page 1
The protester states that the Hoffa campaign[1] rented a billboard located at 1901 Lincoln Highway in Lincolnwood, Illinois from Francis & Son. According to Mr. Passo, at 3:45 a.m. on November 11, 1996, “a Ron Carey supporter was seen painting over the Hoffa sign with white paint stating ‘Carey, Carey, Carey.’” Mr. Passo gives a physical description of this individual and states that he was driving a black pick-up truck. When this individual was approached by IBT member Joe Zambole, he drove off in his truck with the lights off.
The charged parties contend that they have no knowledge of this incident. Nevertheless, the Carey campaign distributed a memo for posting at its Chicago headquarters and at local unions in the area whose members are supportive of Mr. Carey, advising all staff and volunteers that conduct such as that alleged by Mr. Passo is unacceptable.
The investigation conducted by the Election Officer has found no link between the individual who defaced the Hoffa billboard and the Carey campaign.
The Election Officer has found that the affixing of campaign stickers to private property without consent is vandalism and a violation of the Rules. See Chentnik, P-182-LU325-CHI (October 31, 1995); Volpe, P-763-IBT-NYC et seq. (June 18, 1996); Willett, P-863-LU331-PNJ (Augusat 16, 1996); LaBarbera, P-1142-LU282-NYC et seq. (November 13, 1996).
In Hoffa, P-1114-LU676-PNJ (November 5, 1996), the Election Officer found that
the actions of an unidentified individual or individuals who tore down placards at the Hoffa campaign’s Philadelphia headquarters and replaced them with Carey campaign materials constituted vandalism. The Election Officer stated that this vandalism “was in retaliation
for the exercise of protected campaign rights under the Rules, in violation of Article VIII, Section 11(f).”[2] However, the Election Officer denied the protest, due to the fact that the identify of the perpetrators of the vandalism remained unknown. See also Willett, supra; Hoffman,
P-1050-LU817-NYC (October 28, 1996); Hoffa, P-1076-JHS-NYC/CHI (October 29, 1996).
In the instant protest, Mr. Passo asserts that “(t)his kind of vandalism is taking place everyday and nothing is being done.” The Election Officer has no evidence that acts of vandalism are occurring on a daily basis in the Chicago area. However, she certainly shares
Mr. Passo’s concern that such incidents have no place in this election campaign and are to be strongly condemned. In regard to the defacing of the Hoffa billboard, the Election Officer is satisfied that the Carey campaign has conveyed to its key supporters in the Chicago area that such actions cannot be condoned.
Accordingly, the protest is DENIED.
Dane Passo
November 21, 1996
Page 1
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
Barbara C. Deinhardt, New York City Protest Coordinator
[1]Mr. Passo serves as campaign manager for Mr. Hoffa in the Chicago area.
[2]This section prohibits “(r)etaliation or threat of retaliation by . . . any member of the IBT . . . 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.”