November 19, 1998
VIA FIRST CLASS MAIL
Rich Schildknecht
November 19, 1998
Page 1
Rich Schildknecht, President
Teamsters Local Union 688
300 S. Grand Boulevard
St. Louis, MO 63103
West Epperson
1702 Evanston
Independence, MO 64052
Gary M. Tocci, Esq.
Schnader, Harrison, Segal
and Lewis
1600 Market Street
Philadelphia, PA 19103
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Rich Schildknecht
November 19, 1998
Page 1
Re: Election Office Case No. PR-345-LU41-EOH
Gentlepersons:
Rich Schildknecht, member and president of Teamsters Local Union 688, 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 Wesley Epperson, a member of Local Union 41. The protester alleges that Mr. Epperson violated the Rules when he drove a UPS feeder truck with a Tom Leedham bumper sticker in the window. Mr. Epperson does not deny the allegation.
The protest was investigated by Protest Chief Mary E. Leary.
On October 19, 1998, Mr. Epperson, a feeder driver for the United Parcel Service (“UPS”), entered Interstate 70 west driving truck #262804 near Kingdom City, Missouri, at approximately 4:00 p.m. with a Tom Leedham bumper sticker tucked inside the passenger’s side window.
Rich Schildknecht
November 19, 1998
Page 1
According to the protester, he observed the UPS truck with what appeared to be a Leedham sticker in the top of the passenger window. He followed two UPS trucks onto the interstate, passed them and went into the passenger lane and slowed down so that Mr. Epperson would have to pass him on the left which would enable him to check whether there was, in fact, a Leedham sticker in the passenger side window of the UPS vehicle and to obtain the vehicle number.
According to Mr. Epperson, Mr. Schildknecht followed two UPS trucks onto the interstate in a vehicle bearing a large Hoffa sticker which measured approximately 3 feet by 6-8 inches wide on the bumper and numerous other “Vote Hoffa ‘98" stickers. Mr. Schildknecht passed the UPS truck with a double trailer driven by Mr. Epperson. Shortly after entering the interstate, Mr. Epperson states that as he was accelerating at approximately 45 mph when
Mr. Schildknecht pulled his vehicle directly in front of Mr. Epperson’s truck. Mr. Epperson states Mr. Schildknecht then slammed on the brakes in his car and continued to drive slowly. As a result, Mr. Epperson was forced to move into the passing lane although he was nowhere near highway speed. Once Mr. Epperson moved into the passing lane and accelerated, he states that Mr. Schildknecht accelerated and drove along side Mr. Epperson’s truck in his blind spot. Mr. Epperson knew the other UPS truck driver, William Monnig, who had simultaneously entered the interstate. Mr. Epperson called Mr. Monnig on the CB radio and explained that he was going to have to put on his brakes so he would be able to get behind Mr. Schildknecht’s car and out of the passing lane. Mr. Epperson states that after he returned to the right lane,
Mr. Schildknecht again reduced his speed and drove slowly. Mr. Epperson again radioed
Mr. Monnig and asked him to pass both of them and get in front of Mr. Schildknecht’s car and block him so Mr. Epperson could pass and get away from Mr. Schildknecht’s car and return to the right hand lane.
Mr. Monnig confirmed that Mr. Epperson radioed him and asked him to go around in front of Mr. Schildknecht’s car to enable Mr. Epperson to pass Mr. Schildknecht’s car and retreat back into the right hand lane. Subsequently, Mr. Schildknecht’s car followed the UPS truck driven by Mr. Monnig for approximately 18-20 miles to Columbia, Missouri.
Article VIII, Section 11 of the Rules provides that “All Union members retain the right to participate in campaign activities, including the right to . . . support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.”
The Rules strictly prohibit IBT members from appropriating union or employer property in order to make personal campaign statements. Specifically, nothing in Article VIII or any other article of the Rules authorizes members to affix campaign material to employer-owned vehicles. Therefore, Mr. Epperson violated the Rules by placing the bumper sticker in the window of the UPS truck.
Rich Schildknecht
November 19, 1998
Page 1
Furthermore, affixing campaign material to employer-owned vehicles may result in improper contributions by those employers to the respective campaign, as well as supplying the false impression that the employers endorse one candidate, in violation of Article XII, Section 1(b)(1) of the Rules. That Section specifically states the following:
[N]o employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate. These prohibitions extend beyond strictly monetary contributions made by an employer and include contributions or use of employer stationery, equipment, facilities and personnel.
If an employer can show that it maintains and strictly enforces a policy prohibiting the placement of such materials on company property (including the regular inspection of such property for such materials and the removal of any material found) and if no employer agent was involved in the violation of the employer policy, the Election Officer will not find the employer liable for the violation. UPS maintains and enforces a “No Solicitation Rule,” which is strictly applicable to all employees and includes strict enforcement procedures. See Meadows, PR-108-LU916-NYC (July 8, 1998) and Iund, PR-289-LU638-NCE (October 28, 1998). In these circumstances, there is no evidence that an employer agent was involved in the alleged violation. Accordingly, the Election Officer finds that UPS is not liable for the placement of the Tom Leedham bumper sticker on its feeder truck.
Union members have the right to participate in campaign activities and have the right to “support or oppose any candidate [and] to aid or campaign for any candidate.” Rules, Article VIII, Section 11(a). Union members cannot threaten, intimidate or coerce any other members for their participation in campaign activities. Rules, Article VIII, Section 11(f). Members violate the Rules when they engage in physically or verbally aggressive behavior that threatens actual harm. Sheibly, P-1010-LU653-ENG (October 14, 1996); Passo, P-469-LU705-CHI (February 29, 1996), aff’d in relevant part, 96 - Elec. App. - 124 (KC) (March 13, 1996).
Here, the Election Officer accepts Mr. Schildknecht’s explanation that he pulled in front of Mr. Epperson’s truck to see if the bumper sticker was in the passenger side window. The Election Officer, however, finds this to be a close case. Mr. Schildknecht had no reason to follow these vehicles once he had made identification or to block Mr. Epperson from returning to the right hand lane. Nevertheless, this conduct does not rise to the level of a violation. The Election Officer cautions Mr. Schildknecht that threats and menacing behavior on the highways to intimidate or to coerce other members because of their positions with respect to the International Officer Rerun Election are serious Rules violations that will not be tolerated.
Rich Schildknecht
November 19, 1998
Page 1
Accordingly, the protest is GRANTED as to Mr. Epperson and DENIED in all other respects.
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 electoral process. Therefore, the Election Officer orders
Mr. Epperson to immediately cease and desist displaying any campaign related stickers on employer-owned vehicles.
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
cc: Kenneth Conboy, Election Appeals Master