May 20, 1998
VIA UPS OVERNIGHT
Michael F. Clark
May 20, 1998
Page 1
Michael F. Clark
3624 Belgrade Street
Philadelphia, PA 19134
John J. Jackson, President
Teamsters Local Union 676
101 Crescent Boulevard
Collingswood, NJ 08108
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Herb Hosfeld, Sergeant-at-Arms
Teamsters Local Union 676
101 Crescent Boulevard
Collingswood, NJ 08108
Jody Sullivan, Sergeant-at-Arms
Teamsters Local Union 676
101 Crescent Boulevard
Collingswood, NJ 08108
Michael F. Clark
May 20, 1998
Page 1
Re: Election Officer Case No. PR-087-LU676-NYC
Gentlemen:
Michael F. Clark, a member of Local Union 107, 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 John Jackson, president of Local Union 676. The protester alleges that he and another IBT member were prohibited from campaigning outside of the Local 676 union hall during a membership meeting in violation of the Rules. Mr. Jackson admits that he directed his sergeant-at-arms to order the men to leave the property but contends that the campaigners were intimidating members and that he acted to prevent any violence.
This protest was investigated by New York City Protest Coordinator Barbara C. Deinhart.
A general membership meeting of Local Union 676 was held on Sunday, April 19, 1998, at the local union facility in Collingswood, New Jersey. While the meeting was in progress Mr. Clark, along with Local Union 701 member Thomas Dorman, began to distribute pro-Hoffa campaign leaflets outside the front door of the facility.
Michael F. Clark
May 20, 1998
Page 1
Upon entering the meeting hall, a few Local 676 members complained about the distribution activity to Mr. Hosfeld, a sergeant-at-arms for Local 676. According to Mr. Hosfeld, one member claimed that a Hoffa button had been forced on her and another member declared that abusive language had been directed toward him when he refused to accept the campaign literature. At this point Jody Sullivan, another sergeant-at-arms for Local 676, went outside and informed Messrs. Clark and Dorman that they were not permitted to hand out literature. Mr. Sullivan was then joined by Mr. Hosfeld who advised the protesters that only members of the local could distribute literature outside of the union hall. The protesters refused to stop their activities.
After seeking the advice of President Jackson, Mr. Hosfeld told the protesters to leave the property or the police would be summoned. Messrs. Clark and Dorman refused to leave, citing their protected right under the Rules to distribute campaign literature. Officers of the Collingswood Police Department then arrived and ordered the protesters off the property. Messrs. Clark and Dorman again voiced an objection, but complied with the instructions of the police. Prior to removing the protesters, no local union official stated that the removal was due to prior vandalism on local union property as declared during the investigation of this protest.
Article VIII, Section 11(a) of the Rules states as follows:
All Union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, [and] to aid or campaign for any candidate . . . This includes, but is not limited to, the right to distribute campaign literature and to otherwise solicit support for a member’s candidacy outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.
Mr. Jackson informed the Election Officer’s investigator that the local union has prohibited campaigning before, during, and after membership meetings after an incident during the initial 1996 election at which a campaign table was crushed by a truck. See Hoffa, P-1114-LU676-PNJ (November 5, 1996). Mr. Jackson told the investigator that the local union’s motivation “is to avoid the violence we have experienced in the past and to protect our membership and their children . . . .” Mr. Jackson also alleges that recent acts of sabotage directed toward him and Local Union 676 were directly related to the April 19 incident at the union hall. However, he failed to provide to the investigator any evidence connecting the instant protest and the alleged acts of sabotage.
Michael F. Clark
May 20, 1998
Page 1
It is well-established that the right to campaign outside a local union hall before, during, and after a meeting cannot be restrained by the local union. Passo, P-469-LU705-CHI (February 29, 1996), aff’d in relevant part, 96 - Elec. App. - 124 (KC) (March 13, 1996); Hoffa, P-784-LU282-NYC (June 14, 1996); Cederbaum, P-1001-LU1150-ENG (October 17, 1996); Welsh, P-1147-LU385-SEC (November 18, 1996). The Election Officer finds that Local Union 676 violated the Rules when Messrs. Jackson, Sullivan, and Hosfeld denied Mr. Clark and Mr. Dorman access to the outside of the union hall for the purpose of campaigning.
The fundamental goal of the Consent Decree and the Rules is a fair, open and democratic election process. The ability of candidates and members to engage in face-to-face campaigning is critical to that process. Mr. Jackson’s assertion that he was acting to prevent possible violence due to an incident directed against Hoffa Campaigners in 1996 is not a valid defense to violating the Rules. The Election Officer was presented with no evidence to show that Mr. Jackson’s fear of violence from the protesters was legitimate.
Accordingly, the protest is GRANTED.
When the Election Officer determines that the Rules have been violated, he “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation as well as its potential for interfering with the election process.
Consequently, the Election Officer orders the following:
1. Local Union 676 shall cease and desist from any actions which prevent IBT members from campaigning outside of the union hall in support of any candidate in the International officer election.
2. Within two (2) days of this decision, Mr. Jackson shall send to both Mr. Clark and Mr. Dorman a letter informing them of their right to campaign outside of the next membership meeting of Local 676. The letter shall include the time and date of the next local union membership meeting. Local 676 shall send a copy of each letter to the Election Officer at the same time they are mailed to Mr. Jackson and Mr. Clark.
3. Within two (2) days of this decision, Mr. Jackson shall sign and post the attached “Notice to Local Union 676 Members” on all bulletin boards at the union offices. Within (1) day after posting the Notice, Local 676 shall file an affidavit with the Election Officer demonstrating compliance with this order.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In In Re: Lopez, 96 - Elec. App. - 73 (KC)
(February 13, 1996).
Michael F. Clark
May 20, 1998
Page 1
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
Barbara C. Deinhardt, New York City Protest Coordinator
NOTICE TO LOCAL 676 MEMBERS
The Election Officer has found that during a recent membership meeting, union members were improperly prohibited from campaigning for a candidate in the International officer rerun election outside of the Local 676 meeting hall in violation of the Election Rules. Under the Rules, all IBT members have the right to campaign outside meeting halls before, during, and after a union meeting, regardless of local union policy, rule or practice.
Local Union 676 shall not prevent any IBT members from campaigning outside of the union hall in support of any candidate in the International officer rerun election.
____________________ ________________________
Date John Jackson, President
This is an official notice which must remain posted for 30 consecutive days and must not be defaced or altered in any manner or be covered with any other material.
Approved by Michael G. Cherkasky, Election Officer.