November 14, 1996
VIA UPS OVERNIGHT
Steven Watson
November 14, 1996
Page 1
Steven Watson
8201 Mandeville Lane, Apt. 405
Dallas, TX 75231
Alan Willoughby
District Field Services Manager
Airborne Express
4600 Simonton Road
Dallas, TX 75244
James Buck, Trustee
Teamsters Local Union 745
1007 Jonelle Street
Dallas, TX 75217
William Boe, Dir. of Labor Relations
Airborne Express
3101 Western Avenue
Seattle, WA 98121
Steven Watson
November 14, 1996
Page 1
Re: Election Office Case No. P-1179-LU745-SOU
Gentlemen:
Steven Watson, a member of Local Union 745, 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”) against Airborne Express (“Airborne” or “employer”). He alleges that Airborne terminated him because he filed a protest against the employer for not permitting him to wear apparel in support of Ron Carey, a candidate for reelection as general president.
Airborne responds that the protester was terminated for making death threats against a fellow employee while on duty and on the employer’s property.
The protest was investigated by Regional Coordinator Dolores C. Hall.
Mr. Watson filed protest P-1138-LU745-SOU on October 23, 1996. On November 1, 1996, he was terminated from his position at the Dallas/Fort Worth Airborne facility for violating “Article 46, Section 1 ‘Outrageous conduct by making death threats against fellow employees while on duty and on company property’ . . .” Mr. Watson claims that the he was wrongfully discharged because there was no investigation of the allegations by his supervisor and his steward was not permitted to see the statements against him.
Steven Watson
November 14, 1996
Page 1
The investigation revealed that pursuant to the collective bargaining agreement between Airborne and the union, a grievance has been filed by the local union concerning the termination of Mr. Watson. The Election Officer has determined to defer her decision in this matter until the conclusion of the grievance procedure pursuant to the collective bargaining agreement. Pursuant to the Rules, the Election Officer has jurisdiction and authority to determine the instant protest on its merits. Further, the Election Officer is not bound, in whole or in part, by the decision reached in the grievance proceedings or by any findings of fact and conclusions of law made during the grievance procedure. See Golubovic, P-025-LU710-CHI (July 21, 1995); Star Market, P-760-LU25-ENG, aff’d, 91 - Elec. App. - 187, aff’d, U.S. v. IBT, 776 F.Supp. 144, aff’d, 954 F.2d 801 (2d Cir. 1992).
Thus, while the Election Officer will defer her decision in this matter, she has the authority to conduct an independent investigation of the allegations of the protest and issue a decision on the merits of the protest based upon her determination and evaluation of the evidence presented to her in such independent investigation. Mr. Watson is advised to inform the Election Officer of the outcome of this matter following completion of the grievance procedure under the collective bargaining agreement.
Accordingly, the protest is DEFERRED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one 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, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Dolores C. Hall, Regional Coordinator