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IN RE: MIKE HURTADO, Protestor. Mike Hurtado, a member of Local Union 572, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”). He alleged that another member interfered with his rights to campaign, in violation of the Rules. Election Supervisor representative Michael Four investigated this protest. Findings of Fact The protest alleged that on November 9, 2005, protestor Hurtado posted a campaign flyer supporting the Leedham slate on a multi-purpose bulletin board inside the drivers’ breakroom at a distribution facility of Ralphs Grocery in Compton, California. According to Hurtado, Don Hanff, a member of Local Union 572, objected to the flyer Hurtado posted, stating, “You better not put that bullshit up there.” Hurtado replied that he had the right to post the flyer and, if Hanff did not like the flyer, he did not have to read it. According to Hurtado, Hanff then rose from his seat, tore the flyer from the bulletin board and threw it away. Hurtado told Hanff he did not have the right to do what he had just done. Hanff responded by stating, first, that he would report Hurtado to Local 572’s principal officer, Rick Middleton, and then to International vice president Jim Santangelo. Hurtado told Hanff to “go ahead.” Hanff concluded the incident by telling Hurtado that he would throw away Leedham flyers and copies of Convoy Dispatch whenever he saw them and that Hurtado “better stop posting that stuff.” Hanff did not dispute the key aspects of Hurtado’s account. Although his recounting of the dialogue of this incident varied slightly from Hurtado’s, Hanff told our investigator that he objected to the posting of the campaign flyer because “[i]t only divides the drivers.” Hanff admits that, in Hurtado’s presence, he took the flyer down from the bulletin board and threw it away. Hanff further states that, the next night, he spoke about the incident with Local 572 business agent Steve Badger. Badger told him that removing the flyer violated the Rules and federal law. Hanff states that, although he has been employed by Ralphs for twenty years, he told Badger he was unaware that removing literature was improper, and he agreed he would not do it again. Analysis Among other rights, the Rules protect a member’s right “to support or oppose any candidate, [and] to aid or campaign for any candidate.” Article VII, Section 11(a). In addition, the Rules declare that “[n]o restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity.” Article VII, Section 11(d). In each instance in which a member campaigns for or against a candidate, “members of the Union shall have the reciprocal right to hear or otherwise receive such campaign advocacy.” Article VII, Section 11(a); Thornsberry, 2005 ESD 13 (October 8, 2005), aff’d, 05 EAM 03 (November 4, 2005). The Rules protected Hurtado’s right to post a campaign flyer on the bulletin board in the drivers’ breakroom at Ralphs’ Compton distribution facility and the right of all other members employed there to read the flyer. Hanff impermissibly interfered with these rights by removing the flyer and throwing it away and by threatening to do the same with any other campaign material he saw there. Because Hanff has now agreed not to interfere with these campaign rights in the future, we deem the protest as it relates to him to be RESOLVED. However, because other members may, as Hanff claimed, be unaware that such interference violates the Rules, we direct the Local Union to post the attached Notice to All Members of Teamsters Local Union 572 Employed at Ralphs Grocery on the multi-purpose bulletin board in the drivers’ breakroom at the Compton distribution facility and maintain that posting for thirty consecutive days. 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 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,
1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the
time prescribed above. A copy of the protest must accompany the request for
hearing. Richard W. Mark
NOTICE TO ALL MEMBERS OF TEAMSTERS LOCAL UNION 572 EMPLOYED AT RALPHS GROCERY, COMPTON DISTRIBUTION The Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”) guarantee members the rights to support or oppose any candidate or slate of candidates, to aid or campaign for any candidate or slate of candidates, and to use multi-purpose employer bulletin boards for campaign publicity. It is a violation of the Rules to interfere with these rights and the rights of other members to receive, hear or view such campaign advocacy. In particular, it is a violation of the Rules to deface, cover up, or remove campaign publicity posted by another member. Campaign publicity posted on a multi-purpose bulletin board may be removed only by the member who posted it or with that member’s consent. The Election Supervisor will not permit any violation of the Rules. The
Election Supervisor will require any member who defaces, covers up, or
improperly removes campaign publicity to cure any harm from the violation.
Remedies may include a requirement to pay for the printing and distribution of
replacement literature, public censure, a requirement to pay for the cost of a
re-run election, or any other appropriate remedy. This is an official notice prepared and approved by Richard Mark, Election Supervisor for the International Brotherhood of Teamsters, and must remain posted on this bulletin board for a period of thirty (30) consecutive days.
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED): Patrick J. Szymanski Bradley T. Raymond David J. Hoffa, Esq. Barbara Harvey Ken Paff Stephen Ostrach
Don Hanff Rick Middleton, Secretary-Treasurer Michael Four Jeffrey Ellison Judith Brown Chomsky
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