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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: WAYMON STROUD,
Protest Decision 2001 EAD 237
Issued: March 14, 2001
OEA Case No. PR021611AT

See also Election Appeals Master decision 01 EAM 52 (KC)

Waymon Stroud, business agent, vice president and candidate for delegate in Local 728, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges that Jimi Richards improperly posted campaign literature on a union bulletin board.

Election Administrator representative J. Griffin Morgan investigated the protest.

Findings of Fact and Analysis

The UPS Pleasantdale hub has a locked, glass-enclosed union bulletin board and several open, general purpose boards. When Richards, a steward there, observed that campaign literature posted on the general purpose boards was repeatedly torn down or defaced, he posted one campaign flier from each of the three competing slates on the union board. One day later, business agent Jimmy Walker instructed Robert Mercer, another steward, to remove Richards' postings from the union board; Mercer complied.

The protestor asserts that campaigning has not been permitted on union boards. Campaigning on general purpose boards has been allowed.

Article VII, Section 11(d) grants candidates and members the preexisting rights they enjoyed to campaign on union and employer bulletin boards. Article VII, Section 11(c) prohibits use of union facilities and equipment for campaigning "unless all candidates are provided equal access to such assistance."

We DENY the protest. The removal and defacement of campaign literature on the general purpose boards impermissibly interfered with members' preexisting rights to post materials there. Richards' postings of campaign fliers on the locked, glass-enclosed union board provided an immediate and practical remedy for that interference. Because he posted the material in a non-discriminatory manner, Article VII, Section 11(c), protected Richards' action.[1]

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Administrator in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Kenneth Conboy

Election Appeals Master

Latham & Watkins

Suite 1000

885 Third Avenue

New York, New York 10022

Fax: 212-751-4864

Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005 (facsimile: 202-454-1501), all within the time prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

2001 EAD 237

DISTRIBUTION LIST VIA UPS NEXT DAY AIR:

Patrick Szymanski

IBT General Counsel

25 Louisiana Ave. NW

Washington, DC 20001

 

Bradley T. Raymond

Finkel, Whitefield, Selik,

Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

 

J. Douglas Korney

Korney & Heldt

30700 Telegraph Road

Suite 1551

Bingham Farms, MI 48025

 

Barbara Harvey

Penobscot Building

Suite 1800

645 Griswold

Detroit, MI 48226

 

Betty Grdina

Yablonski, Both & Edelman

Suite 800

1140 Connecticut Ave. NW

Washington, D.C. 20036

 

Tom Leedham c/o Stefan Ostrach

110 Mayfair

Eugene, OR 97404

 

Waymon Stroud, Sr.

3766 Occidental Way

Decatur, GA 30034

 

Jimi Richards

2875 Acworth Due West

Kennesaw, GA 30144

 

IBT Local 728

Attn: Don Scott

2540 Lakewood Avenue SW

Atlanta, GA 30315

 

J. Griffin Morgan

Elliott, Pishko, Gelbin & Morgan

426 Old Salem Road

Winston-Salem, NC 27101

[1]    Given our holding, we find it unnecessary to determine whether Article VII, Section 11(d), also protected Richards' conduct.