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Office of the Election Supervisor for the International Brotherhood of Teamsters

November 3, 1998

 

VIA FIRST CLASS MAIL

 


Michael P. Hennessy

November 3, 1998

Page 1

 

Michael P. Hennessy

218 Woodlawn Avenue

Collingdale, PA 19023

 

James S. Merritt, Sec.-Treas.

Teamsters Local Union 623

4369 Richmond Street

Philadelphia, PA 19137

 

Bill Shanahan, Trustee

Teamsters Local Union 623

4369 Richmond Street

Philadelphia, PA 19137

 

James P. Hoffa

2593 Hounds Chase

Troy, MI 48098


Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptiste & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC 20036

 

Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik,

    Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334


Michael P. Hennessy

November 3, 1998

Page 1

 

 

Re: Election Office Case No. PR-341-LU623-EOH

 

Gentlemen:

 

Michael Hennessy, a member of Local Union 623, 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 Jim Merritt and Bill Shanahan, secretary-treasurer and trustee of Local Union 623, respectively.  The protester alleges that on October 18, 1998, Messrs. Merritt and Shanahan removed and destroyed Hoffa signs that were posted on utility poles in the vicinity of the UPS facility at Philadelphia Airport, in violation of the Rules

 

Mr. Merritt admits that he and Mr. Shanahan were posting campaign signs related to the officer election in Local Union 623 on poles along the access road leading to the UPS facility, but denies removing or destroying Hoffa signs.

 

This protest was investigated by Election Office Staff Attorney Kathryn A. Naylor.


Michael P. Hennessy

November 3, 1998

Page 1

 

The investigation revealed that the utility poles in question are located on Hog Island Road, a public access road leading to the UPS facility.

 

The Rules at Article VIII, Section 11(a) protect the right of union members to distribute literature and solicit support for candidates outside a meeting hall.  Under Article VIII, Section 11(d) authorizes union members to use employer or union bulletin boards for campaign publicity assuming that a pre-existing right has been established.  That same section permits the distribution of campaign literature at campaign events occurring on employer or union premises where such activity has been previously allowed.  A right to distribute campaign literature at an employer parking lot is available, within certain limitations, under Article VIII, Section 11(e) of the Rules.

 

The Rules, however, do not grant any right to distribute, post or receive campaign material at any other locations.  Union members who choose to post campaign materials on public utility poles or public signs existing along public streets or sidewalks are not engaging in conduct which is either protected or sanctioned by 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 (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

 


Michael P. Hennessy

November 3, 1998

Page 1

 

cc:              Kenneth Conboy, Election Appeals Master