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IN RE: ARDEN D’AMICO, Protestor. Arden D’Amico, a member of Local Union 639, 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 D.F. “Buddy” Robson, business agent of Local 639, campaigned on union-paid time, in violation of the Rules. Election Supervisor representative J. Griffin Morgan investigated this protest. Findings of Fact The protest alleged that, on November 21 from 8:53 to 9:25 a.m., Robson, while on union-paid time, assisted Leedham supporters in collecting accreditation signatures and distributing campaign literature at a UPS facility in Laurel, Maryland. Investigation showed that when he arrived for work, protestor D’Amico observed Robson standing outside the guard shack near Local 639 member Matt Latso and an unidentified older man. Both Latso and the older man were soliciting signatures on accreditation petitions for the Leedham campaign. The older man asked D’Amico to sign; D’Amico declined. As he passed Robson, D’Amico told him, “Buddy, I am really disappointed you are hanging out with these guys.” D’Amico and Robson then spoke for several minutes about pending grievance matters; Robson did not address D’Amico’s statement that he was “hanging out with” the Leedham campaigners. D’Amico did not observe Robson solicit signatures, distribute literature or engage in any other campaign activity, and Robson denied doing so. Robson told our investigator that he arrived at the facility at 5:30 a.m. for a local level grievance hearing, which lasted until approximately 7 a.m. From that time until about 8:45 a.m., Robson visited several centers in the facility to speak with members and stewards about pending issues. Robson stated he exited the secure area at about 8:50. Once outside, he saw two individuals he did not immediately recognize; they held clipboards and pens and were staffing a card table. When Latso, one of the two individuals, addressed him, Robson recognized Latso as a member of the local. Latso inquired about Robson’s health as, the previous month, Robson had collapsed at the local union hall and was conveyed by ambulance to the hospital. Subsequent treatment included a 12-day hospitalization. Robson and Latso discussed Robson’s treatment and ongoing physical limitations. The discussion then turned to the local’s health and welfare plan and its financial condition and concluded after some twenty minutes. Latso agrees that Robson did not solicit signatures or otherwise campaign during the time he spent speaking with Latso. Analysis Article VII, Section 11(b) of the Rules states, in relevant part:
Our investigation demonstrates that Buddy Robson did not engage in campaign activity on union-paid time as alleged by the protest. 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 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 cc: Kenneth Conboy DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED): Patrick J. Szymanski, Esq. Bradley T. Raymond, Esq. Barbara Harvey, Esq David Hoffa Ken Paff
Stefan Ostrach Arden D’Amico D.F. “Buddy” Robson, Business Agent John Gibson, Secretary-Treasurer J. Griffin Morgan. Jeffrey J. Ellison
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