December 2, 1998
VIA FACSIMILE
EXCEPT UPS OVERNIGHT TO ARLENE JANZEN AND TERRY GILMORE
Ron Douglas
December 2, 1998
Page 1
Ron Douglas
14236 Greencrest Drive
Surrey, BC V4P 1L9
CANADA
Garnet Zimmerman, President
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
CANADA
Roger Rioux, Business Agent
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
CANADA
Gail Ewen, Recording Secretary
Teamsters Local Union 31
1 Grosvenor Square
Delta, BC V3M 5S1
CANADA
Arlene Janzen, Shop Steward
School District No. 34
2790 Tims Street
Abbotsford, BC V2T 4M7
CANADA
Terry Gilmore
2179 Broadway Street
Clearbrook, BC V2T 3V4
CANADA
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
Mike Crawford
Director of Organizing
Teamsters Canada
#204-1867 W. Broadway
Vancouver, BC V6J 4W1
CANADA
Louis Lacroix, President
Teamsters Canada
2540 Daniel-Johnson Boulevard
Suite 804
Laval, PQ H7T 2S3
CANADA
Ron Douglas
December 2, 1998
Page 1
Louis Lacroix Team Canada Slate
c/o Ron Douglas
Teamsters Canada
#204-1867 W. Broadway
Vancouver, BC V6J 4W1
CANADA
Ron Douglas
December 2, 1998
Page 1
Re: Election Office Case No. PR-425-GZC-CAN
Gentlemen:
Ron Douglas, a member of Local Union 213, 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 Garnet Zimmerman, president of Local Union 31 and a candidate for Teamsters Canada Vice-President on the Hoffa Unity Slate, Roger Rioux, a Local Union 31 business agent and representative for Local Union 31 members at School District #34 in Abbotsford, British Columbia, Gwen Ewen, Local Union 31 recording secretary and shop steward, Arlene Janzen, Local Union 31 shop steward representing members at the maintenance worksite at School District #34; and Terry Gilmour, a member of Local Union 31. The protestor alleges that while campaigning at the maintenance worksite of School District #34 on
November 19, 1998, he and fellow campaigner Mike Crawford were advised that a ballot collection box had been set up on the site and that members had been placing ballots in the box. The protester then states he observed an unsealed cardboard box with a slot on the top labeled “Teamster Ballots Ready to Mail.” The protestor states that he observed ballots in the box through the slot.
Mr. Zimmerman admits that he was advised of the box after the protest was filed, but denies any prior knowledge of the collection box. Mr. Zimmerman states that he directed the box be removed immediately upon receipt of the protest. Ms. Janzen admits it was her idea to install the box and states that she did not consult with anyone about it.
This protest was investigated by Regional Coordinator Gwen Randall.
The facts are largely uncontested. After the ballots were mailed, Ms. Janzen set up a box for the collection of ballots at the maintenance worksite of School District #34. The box, approximately 14 x 8 x 8 inches was affixed to a railing by an office with an open counter. On top of the box was handwritten “TEAMSTER BALLOTS READY TO MAIL.” When the protestor and Mr. Crawford asked about the box, they were advised by Mr. Gilmour that the box was taken to the post office each afternoon by either himself or Ms. Janzen.
Ron Douglas
December 2, 1998
Page 1
About 6 to 8 feet from the box was a bulletin board containing campaign literature for Mr. Zimmerman and James P. Hoffa, a candidate for general president. Also on the bulletin board was a message dated May 6, 1998 from Shop Steward Janzen referring to attempts to campaign at the worksite by Brad Swannie, a member of Local Union 31 who does not support Mr. Zimmerman. Ms. Janzen writes in her message:
As the campaigning for the International Elections get under way it is evident that this group is trying to discredit the
Hoffa/Zimmerman slate.....
...
My support goes to someone with a proven honest and dedicated track record, Garnet Zimmerman. I would encourage everyone to make the effort to vote in the upcoming election and to show your support for the HOFFA/ZIMMERMAN slate.
The protestors supplied pictures of the box and the bulletin board. In addition, the protestor states that when he went back to take the photographs, Mr. Gilmour telephoned Business Agent Rioux to advise him of the protestor’s and Mr. Crawford’s activities.
Pursuant to Article V, Section 2 of the Rules, the Notice of Election posted at each worksite and published in the Special Election Edition of the Teamster contains the following language:
No person or entity shall limit or interfere with the right of each IBT member to independently determine how to cast his/her vote and to cast and mail the ballot himself/herself. The Election Officer shall not hesitate to impose the most severe sanctions for violation of the prohibition against solicitation of a member’s ballot by any other person, including but not limited to, referring the matter to the United States Attorney for the Southern District of New York for the institution of contempt proceedings and, where appropriate, disqualifying the candidate on whose behalf ballots were solicited. In addition, violation of this prohibition may subject the violator to criminal prosecution under all applicable provisions of the United States Code . . . .
Ron Douglas
December 2, 1998
Page 1
The Rules could not be clearer. Collection of ballots, whether voted and sealed or not, whether through a collection box or by hand, is a serious violation of the Rules. A collection box gives persons other than the voting member the right and ability to tamper with their ballot or insure that it never gets mailed if he or she voted for the “wrong person.” The Election Officer views this violation with the utmost of seriousness.
Accordingly, the protest is GRANTED.
For this type of violation, the Election Officer reviews the full panoply of remedies available to him. Here, the Election Officer credits Mr. Zimmerman’s denial of knowledge and also recognizes that this is not the same as marking ballots or direct solicitation. However, the violation is very serious. Accordingly, the Election Officer will challenge all the ballots received from Abbotsford School District #34 maintenance worksite as they were all tainted by the collection box at the site. Mr. Zimmerman is directed to supply the Election Officer with a list of all active members (including name, address, and social insurance number) at this worksite within 12 hours of receipt of this decision. Failure to comply with this order in a timely manner will result in an Election Officer challenge to the ballots of all members employed by Abbottsford School District #34. Moreover, the Election Officer is referring the actions of
Ms. Janzen and Mr. Gilmore to the United States Attorney for the Southern District of New York for further appropriate action.
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
Ron Douglas
December 2, 1998
Page 1
cc: Kenneth Conboy, Election Appeals Master
Gwen Randall, Regional Coordinator