November 30, 1998
VIA FIRST CLASS MAIL
Kathy Peters
November 30, 1998
Page 1
Kathy Peters
41056 Belrose Road
Abbotsford, BC V3G 2T1
CANADA
Ron Douglas
14236 Greencrest Drive
Surrey, BC V4P 1L9
CANADA
Mike Crawford
Director of Organizing
Teamsters Canada
#204-1867 W. Broadway
Vancouver, BC V6J 4W1
CANADA
Louis Lacroix Team Canada Slate
c/o Ron Douglas
Teamsters Canada
#204-1867 W. Broadway
Vancouver, BC V6J 4W1
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
Paul Clark, Director of Facilities & Transportation
School District No. 34
2790 Tims Street
Abbotsford, BC V2T 4M7
CANADA
Louis Lacroix, President
Teamsters Canada
2540 Daniel-Johnson Boulevard
Suite 804
Laval, PQ H7T 2S3
CANADA
Terry Gilmore
2179 Broadway Street
Clearbrook, BC V2T 3V4
CANADA
Dan Oakes
31930 Old Yale Road, #304
Abbotsford, BC V2T 2C7
CANADA
Kathy Peters
November 30, 1998
Page 1
Re: Election Office Case No. PR-426-LU31-NYC
Gentlepersons:
Kathy Peters
November 30, 1998
Page 1
Kathy Peters, a member of IBT Local 31, 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”). The protest against Ron Douglas, Administrative Assistant to Louis Lacroix and Mike Crawford, Director of Organizing for Teamsters Canada, alleges that Messrs. Douglas and Crawford removed campaign material from a union bulletin board and intimidated members of Local 31 for exercising their rights under the Rules. Mr. Douglas admits having removed the material from the bulletin board, but along with Mr. Crawford, denies any destruction of material or intimidation of members.
The protest was investigated by New York City Protest Coordinator Barbara C. Deinhardt.
On November 19, 1998, Messrs. Douglas and Crawford, both employees of Teamsters Canada and supporters of the Louis Lacroix Team Canada Slate, were on the premises of School District No. 34 campaigning. While there, Mr. Douglas removed a piece of anti-Lacroix campaign material from the Teamster bulletin board. When asked by a Local Union 31 member
Terry Gilmore if they had removed something from the board, Mr. Douglas replied that he had, as it was about his boss and he didn’t like it and would keep it. Mr. Gilmore tried to take the literature back from Mr. Douglas and the paper ripped. Mr. Douglas gave his piece back to Mr. Gilmore who then taped them back together. Then, at Mr. Douglas’ request, Mr. Gilmore made a copy of the paper and of another piece of literature on the board and gave them to
Mr. Douglas. Mr. Crawford later apologized to Mr. Gilmore for the incident and
Messrs. Douglas and Crawford have agreed not to remove any campaign material from union bulletin boards.
Article VII, Section 11(d) of the Rules states that “No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity.” In this case, while Mr. Douglas may have violated that prohibition, the material was immediately returned to Mr. Gilmore and Mr. Crawford apologized for the incident. Any violation therefore has been RESOLVED.
The protestor also alleges that Messrs. Douglas and Crawford intimidated and threatened Mr. Gilmore or other members. No evidence was presented of such intimidation or threats and this allegation is therefore DENIED.
Finally, the protestor alleges that Messrs. Douglas and Crawford violated the Rules by being on an Employer’s premises without receiving permission from the Employer. While they admit that they only belatedly sought and received such permission, permission was in fact given. This allegation is therefore DENIED.
Kathy Peters
November 30, 1998
Page 1
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