OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: HAROLD HUNT, ) Protest Decision 2011 ESD 233
) Issued: April 25, 2011
Protestor. ) OES Case Nos. P-219-031411-FW
____________________________________)
Harold Hunt, member of Local Union 315 and delegate candidate on the Team UPS slate, filed two pre-election protests pursuant to Article XIII, Section 2 of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that he suffered retaliation for activity protected by the Rules.
Election Supervisor representative Chris Mrak investigated this protest.
Findings of Fact and Analysis
Protestor Hunt was an unsuccessful delegate candidate in Local Union 315’s election. He filed the instant protest about a week after ballots were tallied in that election, alleging that Frank Coppa, a business agent who supported the winning slate, retaliated against him by stating that he was not a shop steward when he was, and further by suggesting to UPS that Hunt’s employment position be eliminated to settle a grievance involving other employees.
Hunt is an air shuttle driver for UPS. He transports air packages he receives from route drivers to the airport, rather than the route drivers making the deliveries there themselves. When two route drivers from whom he receives air freight filed a grievance against UPS claiming they were compelled to work excessive overtime, Hunt alleged that business agent Coppa proposed to settle the grievance with UPS by eliminating Hunt’s pickup and requiring the grievants to drive their air freight to the airport themselves at an earlier point in their shift. This proposal, Hunt claimed, would effectively end their routes earlier in the workday and eliminate excessive overtime.
Coppa denied that he proposed such a grievance settlement. He said that one of the route drivers had an overtime grievance about two years ago and the other more recently, perhaps in July or August 2010. In neither case did Coppa suggest that Hunt’s air freight delivery assignment be eliminated or altered to resolve the grievance. UPS managers Tony Williams and Theresa Rosa corroborated Coppa’s denial.
With respect to Hunt’s claim that Coppa said he was not a steward, Coppa denied that allegation as well. Hunt has been a steward appointed by the local union for five or six years. Coppa told our investigator that Hunt got into an argument with another driver, which resulted in management disciplining the other driver. At this, Coppa told a member who ran with Hunt in the local union officers election that perhaps Hunt should not be a steward if he is going to get members in trouble. He denied, however, stating to anyone that Hunt was not a steward.
No witness Hunt identified responded to our investigator’s phone messages.
Article VII, Section 12(g) prohibits retaliation for activity protected by the Rules. On the record here, we find no evidence that Coppa took action against Hunt. Further, we find no evidence that Coppa’s suggestion that Hunt should not be a steward was in any way related to the delegate election, as it pre-dated that election by more than six months.
Accordingly, we DENY this 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
885 Third Avenue, Suite 1000
New York, NY 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., Suite 421 L, Washington, D.C. 20006, all within the time prescribed above. A copy of the protest must accompany the request for hearingRichard W. Mark
Election Supervisor
cc: Kenneth Conboy
2011 ESD 233
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 Hall 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
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.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
Harold Hunt
193 Chelsea Court
Vacaville, CA 95687
teamsters4choice@gmail.com
Dale Robbins, Secretary-Treasurer
Teamsters Local Union 315
P.O. Box 3010
Martinez, CA 94553
drobbins@teamsters315.com
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
chrismrak@gmail.com
Maria Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
mho@ibtvote.org
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com