Ed Hill Overturns 353 Trial Board Decision

March 14, 2007

Dear Brother Speranza,

This is in response to your letter dated January 2, 2007, in which you appeal a decision rendered by International Vice President Phillip Flemming, dated December 8, 2006. In his decision, Vice President Flemming granted your appeal regarding Article XXV, Section 1, sub sections (b), (d), and (j) but upheld the trial board with respect to subsections (a) and (e).

I have reviewed Vice President Flemming's file concerning this matter and the materials contained therein. As Vice President Flemming found that you "posted or permitted to be posted on the OurLocal353 Web site material that you knew or should have known to be untrue, that would affect the reputation of Local 353, which is contrary to the oath described in Article XX; Section 4."

In operating the OurLocal353.ca Web site, and requiring registration before anyone could post, you exercised what I consider reasonable control over the subject matter that was posted. In a forum of this nature, it would be unreasonable to expect the webmaster to inspect every conversation as to its accuracy and whether it violated a provision of the IBEW Constitution. However, this would in no way excuse a member who posts libelous material, or statements that violate the IBEW Constitution on the Web site. To me, the key point is that you did not post the inaccurate statement about Business Manager Fashion.

I agree with Vice President Flemming that charges against members and officers should not be posted on Web sites such as yours. Allowing the posting of unproven charges in this manner only invites a trial of IBEW affairs by public opinion and may be detrimental to the local union and to the IBEW. I believe, however, that in this case, only the member who posts the information should be held accountable for his actions. I did not find any evidence submitted during the hearing that you personally and purposely posted inaccurate information or information detrimental to the local union or the IBEW on your Web site.

Moreover, "a fair and impartial hearing" requires that the trial board be made up of impartial jurors. In this case, I note that the majority of trial board members were also employees of the local, and thus, employees of the charging party, and should have excused themselves from sitting on this case.

Accordingly, I have decided to sustain your appeal and reverse the decision of the Local Union 353 Trial Board. By copy of this letter; I direct the local union to return all monies paid by you toward the trial board assessment.

Finally, it is my understanding that the IBEW logo has been removed from the Web site. I am directing you to assure that it does not again appear on the Web site.

With best wishes, I am fraternally yours,

Edwin D. Hill International President

EDH:ceb

Copy to Phillip Flemming, International Vice President, IBEW First District Joseph