IN RE: MIKE WEBB and CHILEQUITA THOMAS, Protestors
Protest Decision 2010 ESD 56
Issued: December 13, 2010
OES Case Nos. P-052-111610-AT
P-053-111610-AT
Mike Webb and Chilequita Thomas, members of Local Union 391, filed separate pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protests alleged that the local union permitted political debates and campaigning at general and craft meetings, in violation of the Rules.
These protests were consolidated for investigation and decision. Election Supervisor representative Peter V. Marks, Sr., investigated them.
Findings of Fact and Analysis
Local Union 391 conducted a general membership meeting on November 13, 2010. Following this meeting, a special UPS meeting was held to air concerns and complaints about Chip Roth, the local union business agent responsible for servicing members employed by UPS.
Protestor Webb alleged that portions of these meetings constituted a de facto campaign debate between Roth and local union president Claude Gray over which one could better lead the local union. Protestor Thomas alleged that President Gray turned the "good and welfare" portion of the general meeting to politics by claiming "that he was going to win his job and then [by] attack[ing] other people who had announced to run against him in the delegates election."
As we alluded to in Gibbs, 2010 ESD 54 (December 9, 2010), the local union's executive board, elected as a team 2 years ago, has now divided into 2 political factions which are expected to field opposing slates in both the delegates and alternate delegates election in February 2011 and the local union officers election in Fall 2011. Roth and Gray have declared that they are candidates on opposing slates in both elections.
Our Rules apply to delegates and alternate delegates elections and to the election of IBT officers, as Article I makes plain; they do not apply to the election of local union officers.
Article VII, Section 5(a) of the Rules permits campaigning at local union meeting under narrow circumstances, viz.
(3) The Local Union need not allot time for campaigning during any of its meetings. However, if campaigning during such meetings is permitted, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting and shall divide the time equally between those candidates (or candidates' credentialed representatives) who request an opportunity to speak. The order of appearance shall be determined by lot.
(4)A Local Union shall not discriminate or permit discrimination in favor of or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc.
The issues these protests present are whether speech that constitutes campaign speech occurred at either meeting and, if so, whether the speech related to elections under our jurisdiction.
Our investigator reviewed the recording of each meeting. During the "good and welfare" portion of the general meeting, according to the recording, a member announced that he had 2 petitions seeking to remove Roth as UPS business agent. President Gray requested that a special UPS meeting convene immediately following the general meeting to address the issues raised by the petitions. In addition to this subject, protestor Webb raised the question during the general meeting as to whether sending 10 alternate delegates to the IBT convention was a worthwhile expense. Discussion followed this question, but it was limited to expenses and did not stray into the political positions of candidates for delegate or alternate delegate. Other members raised questions about the expense of a mail-ballot election for local union officers as compared with a hybrid mail/walk-in election as presently planned; this issue also generated discussion that was limited to expenses and not politics. Other members raised questions about the political split among local union leaders. These questions and the answers that followed expressly referred to the local union officers election; the delegates and alternate delegates election was not mentioned during this discussion.
At the UPS special meeting, President Gray deflected the petitions by pledging to closely monitor grievance-handling and contract-servicing at UPS. Business agent Roth promised to handle grievances timely and protect members' rights.
The tenor of the statements by Gray and Roth confirmed the political split on the local union executive board. However, the political references were directed expressly to the local union officers election and the decision the membership would make concerning who would lead the local union. The only reference to the delegates election concerned the expense associated with sending 10 alternate delegates to the convention; it did not devolve into campaign statements or rhetoric concerning the election of delegates or alternate delegates.
The evidence does not support the protestors' contention that the back-and-forth at the general and special UPS meetings held November 13 constituted a debate or campaigning concerning elections over which we have jurisdiction. To the extent statements made by Gray and Roth stated political positions, those statements were expressly linked to the local union officers election and concerned who would lead the local union in coming years.
Accordingly, we DENY the protest.
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 Supervisor 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 the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1801 K Street, N.W., Suite421 L, Washington, D.C. 20006, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2010 ESD 56
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington,D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Keegel 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
Previant Goldberg
155 North River Center Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
Mike Webb
1200 Oak Grove Church Road
Wake Forest, NC 27587
d2h2w2@yahoo.com
Chilequita Thomas
1515-M Woodmere Drive
Greensboro, NC 27405
(By UPS Overnight)
Claude Gray, President
Teamsters Local Union 391
P.O. Box 35405
Greensboro, NC 27425
cgray65663@aol.com
Peter V. Marks, Sr.
116 Nagle Street
Harrisburg, PA 17104
pvmsresq@comcast.net
J. Griffin Morgan
Elliot Pishko Morgan
426 Old Salem Road
Winston-Salem, NC 27101
jgmorgan@epmlaw.com
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com