 |
|
|
|
IN RE: GARY BOLEN, Protestor. Gary Bolen, a member of Local Union 174, 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”). The protest alleged that Chuck Deaver, a local union business agent, violated the Rules by removing campaign literature from a union bulletin board. Election Supervisor representative Christine Mrak investigated this protest. Findings of Fact Protestor Bolen posted campaign literature for the Rick Hicks 2006 Teamsters 4 Leadership (“T4L”) slate on the union bulletin board at Yellow Freight (“YF”). Business agent Deaver removed it. Deaver is not a candidate in the delegate and alternate delegate election. However, the local union officers that employ him are candidates on a slate that opposes the T4L slate. The protest that followed Deaver’s action alleged violation of campaign rights protected by the Rules and improper assistance by the local union to the incumbent administration’s slate. Investigation showed that the bulletin board is locked and glass-enclosed. In the most recent renewal of the National Master Freight Agreement in April 2003, the union gained the right to have a workplace bulletin board dedicated solely to official union business. The contract language declares, “Postings by the Union on such boards are to be confined to official business of the Union.” Only shop stewards and the business agent have keys to the bulletin board. Deaver told our investigator that he removed the campaign literature because of this contract provision. Deaver posted a notice explaining the contract provision. The notice added the following:
Investigation showed that, since the date the existing contract has been in effect, this bulletin board has been used solely for official union business. Prior to the agreement, the company and local union shared a single bulletin board. Employees often used the board for general purpose and campaign postings, which the employer would remove periodically. After this protest was filed, Deaver arranged with YF management to permit employees to tape campaign literature next to the official union bulletin board. 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 12(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 12(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); Hurtado, 2005 ESD 28 (December 1, 2005). The locked, glass-enclosed bulletin board at issue here was established in 2003 as an official, union bulletin board. No history exists that this board has been used for any purpose other than official union postings. Accordingly, no preexisting right exists to use this board for campaign publicity. For this reason, we find that Deaver did not violate the Rules by removing the campaign literature and therefore DENY the 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. cc: Kenneth Conboy DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED): Bradley T. Raymond, General Counsel Sarah Riger, Staff Attorney David J. Hoffa, Esq. Barbara Harvey Ken Paff Judith Brown Chomsky Stephen Ostrach Gary Bolen Chuck Deaver, Business Agent David E. Macellari Dan Scott, Secretary-Treasurer Christine M. Mrak, Esq. Jeffrey Ellison
|
|
|
