November 17, 1998
VIA UPS OVERNIGHT
Patricia A. Hashimoto
November 17, 1998
Page 1
Patricia A. Hashimoto
12217 S.E. 12th Street
Bellevue, WA 98005
David Burgett
Flight Attendant Manager
Northwest Airlines
Sea-Tac International Airport
Mezzanine Level
Seattle, WA 98158
Billie Davenport, President
Teamsters Local Union 2000
2850 Metro Drive, Suite 225
Bloomington, MN 55425
Ken Paff
Teamsters for a Democratic Union
7435 Michigan Avenue
Detroit, MI 48210
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
George O. Suggs, Esq.
Wilburn & Suggs
1015 Locust
Suite 818
St. Louis, MO 63101
James P. Hoffa
2593 Hounds Chase
Troy, MI 48098
Leedham Slate
c/o Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Metz Slate
c/o Jim Smith
2833 Cottman Avenue
Philadelphia, PA 19149
Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Baptiste & Wilder
1150 Connecticut Avenue, NW
Suite 500
Washington, DC 20036
Paul Alan Levy, Esq.
Public Citizen Litigation
Group
1600 20th Street, NW
Washington, DC 20009
Barbara Harvey, Esq.
645 Griswold, Suite 1800
Detroit, MI 48226
Patricia A. Hashimoto
November 17, 1998
Page 1
Re: Election Office Case No. PR-347-LU2000-EOH
Reissued Decision
Gentlepersons:
On November12, 1998, the Election Officer issued a decision in the above-captioned case. However, through inadvertant error, the Election Officer failed to serve Local Union 2000 and Flight Attendant Manager David Burgett. The Election Officer also failed to sign the notice. Accordingly, as set forth below, the Election Officer is reissuing the decision and directing compliance with his order by November 20, 1998.
Patricia A. Hashimoto, a member of Local Union 2000, 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 the Tom Leedham Campaign. Ms. Hashimoto contends that Mr. Leedham’s supporters have improperly distributed campaign literature, specifically the Convoy Dispatch, a publication of the Teamsters for a Democratic Union (“TDU”), into the company mailboxes of Northwest Airline flight attendants based in Seattle, Washington.
TDU does not dispute the allegations, however, it is unable to locate the responsible persons.
The protest was investigated by Protest Chief Mary E. Leary.
The protester is a flight attendant for Northwest Airlines based at Sea-Tac Airport in Seattle, Washington. When the protester returned from Osaka, Japan, to her base on
October 11, 1998, she discovered a copy of the Convoy Dispatch in an employee mailbox near her own. As it is against employer policy for campaign literature to be distributed into employee mailboxes, the protester immediately reported this incident to Flight Attendant Manager David Burgett. The protester states she expressed concern to Mr. Burgett that the “Teamster Election playing field was being rendered less than level by dint of the use of company mailboxes for campaign purposes by supporters of the Leedham slate.” Mr. Burgett agreed to search all the mailboxes for campaign items. The protester was present for the search and states that a few campaign items were found in employee mailboxes including campaign buttons and other copies of the Convoy Dispatch.
There is no evidence as to who distributed the literature into the mailboxes.
Patricia A. Hashimoto
November 17, 1998
Page 1
Article VIII, Section 11 (a) 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.” However, the Rules strictly prohibit IBT members from appropriating union or employer property in order to make personal campaign statements. Therefore, IBT members are not permitted to place campaign literature or paraphernalia in employee mailboxes at Northwest.
Accordingly, as a violation has been found, 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. Here, the person who placed the literature and paraphernalia in the mailboxes is unknown. Accordingly, the Election Officer requests that
Mr. Burgett duplicate and place a copy of the attached “Notice to Members of Local Union 2000 Based at Sea-Tac Airport” in the employee mailbox of all Local Union 2000 members based at Sea-Tac Airport by November 20, 1998.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In re Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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
Patricia A. Hashimoto
November 17, 1998
Page 1
Enclosure
cc: Kenneth Conboy, Election Appeals Master
NOTICE TO MEMBERS
OF LOCAL UNION 2000
BASED AT SEA-TAC AIRPORT
The IBT Election Officer has found that an unknown member or members placed campaign literature and paraphernalia supporting candidates in the International Officer Rerun Election in at least some of the employee mailboxes. The employee mailboxes are the property of Northwest Airlines. Under the Election Rules, IBT members are prohibited from appropriating employer property in order to make personal campaign statements. Therefore, no employee should be placing campaign literature in these mailboxes.
_________________________
Michael G. Cherkasky
Election Officer
This is an official notice that must remain posted until December 3, 1998, and must not be defaced or altered in any manner or be covered with any other material.