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Office of the Election Supervisor for the International Brotherhood of Teamsters

                                                                      November 3. 1998

 

VIA FIRST CLASS MAIL

 


Tim Buban

November 3, 1998

Page 1

 

Tim Buban

4220 S. Katherine Drive

New Berlin, WI 53215

 

Frank Busalacchi, Sec.-Treas.

Teamsters Local Union 200

6200 W. Bluemound Street

Milwaukee, WI 53213

 

Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


Scott Soldon

Previant, Goldberg, Uelmen,

   Gratz, Miller & Brueggeman, s.c.

1555 North RiverCenter Drive

P.O. Box 12993

Milwaukee, WI 53212

 

Bruce T. Demitros

Terminal Manager

Consolidated Freightways

401 West Layton Avenue

Milwaukee, WI 53207

 

 


Tim Buban

November 3, 1998

Page 1

 

 

Re: Election Office Case No. PR-272-LU200-NCE

 

Gentlemen:

 

Tim Buban, a member of Local Union 200, 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 Frank Busalacchi, secretary-treasurer of Local

Union 200.  Mr. Buban alleges that in retaliation for his refusal to support the candidacy of James P. Hoffa, a candidate for general president, Mr. Busalacchi and Business Representative Chris Varsos have failed to properly notify the protester of a denial of a leave request by his employer, Consolidated Freightways, Milwaukee, Wisconsin, (“CF”), and failed to properly represent him in a grievance proceeding.  Mr. Busalacchi denies the allegations.

 

The protest was investigated by Regional Coordinator Judith E. Kuhn.

 


Tim Buban

November 3, 1998

Page 1

 

The protester is recording secretary of Local Union 200, which is a part-time position.  He works as a driver for CF.  During the initial 1996 election of International officers, members of the executive board of Local Union 200 supported Ron Carey and Mr. Busalacchi ran on the Ron Carey Slate for Central Region Vice President.  In July 1998, Mr. Busalacchi and all the members of the executive board, except the protester, announced their support of Mr. Hoffa in the rerun election.  The protester has been quite public in his opposition to Mr. Hoffa.  Indeed, when Mr. Hoffa was in Milwaukee, Wisconsin on July 29, 1998 for a rally, Mr. Buban was part of a counter demonstration by supporters of Tom Leedham, an opposing candidate for general president.

 

On July 29, Mr. Busalacchi sent a routine letter to Bruce Demitros, Group Operations Manager at CF requesting that Mr. Buban be excused from work on Sunday, August 2, 1998 for union business.  The time-off was requested so that the protester could attend the Local

Union 200 “tailgate” party.  On July 29, Mr. Demitros responded to Mr. Busalacchi denying the request for leave.  Mr. Busalacchi did not advise Mr. Buban of CF’s denial of leave.  Since leave requests for union business are routinely granted, the protester assumed the request had been granted and went to the tailgate party on August 2, 1998.  When the protester arrived at work on August 5, 1998, his next scheduled work day, he found a copy of the denial of leave attached to his time card.  On August 10, 1998, the protester received a written warning for his failure to report to work.  The protester filed a grievance and contends that Local Union 200 has failed to properly represent him due to his support of the Leedham Slate.

 

Article VIII, Section 11(f) of the Rules provides:

Retaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules is prohibited.

 

To demonstrate retaliation, a protester must show that conduct protected by the Rules was a motivating factor in the adverse decision or conduct in dispute.  The Election Officer will not find retaliation if he concludes that the union officer or entity would have taken the same action even in the absence of the protester’s protected conduct.  Gilmartin, P-032-LU245-PNJ

(January 5, 1996), aff’d, 95 - Elec. App. - 75 (KC) (February 6, 1996).  See Leal, P-051- IBT-CSF (October 3, 1995), aff’d, 95 - Elec. App. - 30 (KC) (October 30, 1995); Wsol, P-095-IBT-CHI (September 20, 1995), aff’d, 95 - Elec. App. - 17 (KC) (October 10, 1995).

 

After discussions with the Regional Coordinator, Local Union 200 took measures to resolve the warning letters issued to the protester.[1]  Based upon the efforts of the local union, the warning letters were retracted.  Although advised of this, Mr. Buban refused to withdraw the protest. 

 


Tim Buban

November 3, 1998

Page 1

 

Given the actions of Local Union 200 to have the warning letters retracted, the Election Officer finds that this protest is RESOLVED. 

 

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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, 444 North Capitol Street, NW, Suite 445, Washington DC 20001, Facsimile (202) 624-3525.  A copy of the protest must accompany the request for a hearing.

 

Sincerely,

 

 

 

Michael G. Cherkasky

Election Officer

 

cc:              Kenneth Conboy, Election Appeals Master

Judith Kuhn, Regional Coordinator


[1] The protester received a subsequent warning letter when he missed another day for union business.