September 1, 1998
VIA FIRST-CLASS MAIL
Lee Ann DeFabio
September 1, 1998
Page 1
Lee Ann DeFabio
1304 13th Avenue
Belvidere, IL 61008
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Randy Cammack, Secy. - Treas.
Teamsters Local Union 63
845 Oak Park Road
Covina, CA 91724
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Ralph Hinton
335 South 50th Avenue
Belwood, IL 60104
Lee Ann DeFabio
September 1, 1998
Page 1
Re: Election Officer Case No. PR-159-LU705-NCE
Gentlepersons:
Lee Ann DeFabio, 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 Ralph Hinton, a member of Local Union 705. The protester alleges that on June 24, 1998, Mr. Hinton was engaged in campaigning on work time.
Mr. Hinton denies the allegation and states that he was campaigning on his lunch hour.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
The facts are not in dispute. Ms. DeFabio works at the United Parcel Service (“UPS”) hub in Palatine, Illinois. On June 24, she stopped at a take-out restaurant for lunch. While she was waiting for her lunch, she was approached by Mr. Hinton who said he was campaigning for the Hoffa Slate, that he had seen her UPS truck and wanted to give her some Hoffa literature. Mr. Hinton proceeded to give Ms. DeFabio some literature and they had a short conversation regarding the IBT International officer and Local Union 705 officer elections. Mr. Hinton had an Emery Air Freight uniform on.
Lee Ann DeFabio
September 1, 1998
Page 1
After leaving the restaurant, the protester headed back to UPS to eat her lunch. On the way, she noticed Mr. Hinton in an Emery truck at an intersection. Mr. Hinton honked and waved to her. Later that day, when Ms. DeFabio was walking from the UPS parking lot to the building, Mr. Hinton who was parked in the lot with his Emery truck yelled out her name. She jokingly said, “Are you following me?” and in the same manner, he replied “Yes.” He did not campaign and the protester did not feel threatened by him. Ms. DeFabio, however, wondered why Mr. Hinton was on UPS property.
Mr. Hinton states that he was on his lunch hour when he handed Ms. DeFabio the campaign literature. He contends he ate lunch after Ms. DeFabio left the restaurant and that under company rules, he is free to use his truck to get lunch, so long as he does not go too far outside his delivery area. As to their meeting later in the day, Mr. Hinton stated that his last delivery of the day was at UPS.
Article VIII, Section 11(a) of the Rules provides that,
No candidate or member may campaign during his/her working hours. Campaigning incidental to work is not, however, violative of this section. Further campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not violative of this section.
Mr. Hinton was on his lunch break and was free to engage in campaigning at that time. The protester has not presented any evidence that he campaigned at any other time
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
Lee Ann DeFabio
September 1, 1998
Page 1
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