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IN RE: WAYMON STROUD See also Election Appeals Master decision 01 EAM 42 (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"). His protest alleged that Don Scott, local president, violated the Rules by issuing a directive that partisan bumper stickers be removed from union-owned vehicles. Election Administrator representative J. Griffin Morgan investigated the protest. Findings of Fact and Analysis At a meeting of the local’s executive board held February 9, 2001, Scott announced his intention to order all officers and employees to remove campaign bumper stickers from their union-owned cars. On February 12, he instructed Earl Parker to remove the Hoffa sticker from his car. This protest followed. Since the filing of the protest, Scott has not enforced his directive. Although one officer removed the bumper sticker from his car, stickers remain on the cars of several officers and agents pending the decision in this case. Automobiles are provided by Local 728’s bylaws, which allow "private use when the car is not required on Union business." Article VII, Section 11(c) permits "Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, [to] use the cars for campaign activities, provided no costs, or expenses incurred as a consequence of such use are paid out of Union funds or other prohibited sources." A weight of decisional authority construes this provision to permit union officers and employees to display partisan material on such cars. Thus, Carr, 91 EAM 143 (May 2, 1991), holds that display of a campaign sign in a vehicle used for union business does not violate the Rules. Similarly, Blake, P712 (April 29, 1996), aff’d, 96 EAM 185 (May 10, 1996), permits display of a partisan bumper sticker on a car used for union business. Blake was followed in Van Der Woude, P1041 (October 28, 1996) and Jordan, PR276 (September 29, 1998). Although union officers and employees are barred from wearing campaign emblems when meeting with employers or otherwise representing the union,[1] the extension of this prohibition to vehicles used on union business has been expressly rejected. Blake, supra (the Advisory applies only to the display "of campaign emblems on a person’s body.") This substantial precedent constrains us to find that, where union officers and employees are permitted personal use of union-provided vehicles, they enjoy a personal right under Article VII, Section 11(c) of the Rules to display campaign bumper stickers on them. Therefore, Scott’s instruction to his subordinate officers and business agents that bumper stickers be removed from their vehicles violates the Rules. Accordingly, the protest is GRANTED. Remedy When the Rules have been violated, the Election Administrator "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator considers the nature and seriousness of the violation, as well as its potential for interfering with the election process. Here, because of the limited scope of Scott’s order, the remedy also will be limited. Therefore, the Election Administrator orders the following:
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, all within the time period 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 199 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
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 27120
[1] See Advisory on Wearing of Campaign Buttons and Other Emblems (October 10, 2000).
NOTICE TO ALL OFFICERS AND EMPLOYEES OF LOCAL UNION 728 WITH AUTO PRIVILEGES You have the right to participate in campaign activities on behalf of candidates for International delegate or officer in the current elections. You have the right to support or oppose any candidate openly, to aid or campaign for any candidate, and to make personal campaign contributions. It is a violation of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election for you to be instructed to remove campaign bumper stickers from your union-provided car. Any attempt to interfere with or retaliate against you because of your political activity in connection with the International delegate or officer election should be reported to William A. Wertheimer, Jr., Election Administrator, at 727 Fifteenth Street, NW, 10th floor, Washington, D.C. 20005; (202) 454-1500. William A. Wertheimer, Jr. William A. Wertheimer, Jr. Election Administrator
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