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IN RE: CHUCK DEAVER, Protestor. Chuck Deaver, a member and business agent 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 David Jacobson, a local union shop steward and member of the Rick Hicks 2006 Teamsters 4 Leadership (“T4L”) slate, violated the Rules by removing the local union election plan summary from a union bulletin board at DHL and posting T4L campaign literature in its place. Election Supervisor representative Christine Mrak investigated this protest. Findings of Fact Pursuant to a provision of the National Master Freight Agreement (“NMFA”), a locked, glass-enclosed bulletin board reserved for official union business was established adjacent to the warehouse breakroom at the DHL facility where Jacobson works. As a shop steward, Jacobson has a key. Pursuant to our Rules, the local union election plan summary was posted on the board. The summary listed dates for the nomination meeting, the mailing of ballots, and the vote tally, among other things. Jacobson removed the summary from the board after the date of the nomination meeting, believing that all dates it listed had passed. He posted a T4L campaign flyer in its place. Jacobson told our investigator he made a mistake in removing the summary, however, because he did not recognize that it listed additional dates. When business agent Deaver saw the board, he removed the campaign flyer and reposted the election plan summary. 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. Deaver’s protest alleged as Rules violations the removal of the local union election plan summary and the posting of a campaign flyer on a bulletin board reserved for official union postings. Investigation demonstrates that the provision of the NMFA reserving the bulletin board in question for official union postings has been uniformly enforced. Deaver spoke with Jacobson, who agreed not to remove from the union bulletin board official postings related to the election of delegates and alternate delegates or to post campaign literature there. Analysis Article II, Section 4(g) of the Rules requires the local union to “post a copy of the [Local Union Election] Plan Summary on Election Supervisor letterhead on all Local Union bulletin boards and [to] maintain such posting through the entire delegate nomination and election period.” Article VII, Section 12(d) of the Rules declares that “[n]o restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity.” Because the tally of ballots in Local Union 174’s delegate and alternate delegate election had not occurred, the plan summary should not have been removed from the union bulletin board at DHL. Deaver promptly corrected Jacobson’s mistake in removing the plan summary; accordingly, we deem this aspect of the protest RESOLVED. The locked, glass-enclosed bulletin board at issue here was established in 2003 as an official, union bulletin board. There is no history 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, Jacobson’s campaign use of the board was improper, but Deaver promptly cured the impropriety by removing the campaign literature. As Jacobson has agreed not to use the union bulletin board for campaign purposes in the future, we deem this aspect of the protest RESOLVED as well. 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 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 Chuck Deaver Dave Jacobson Dan Scott, Secretary-Treasurer Christine M. Mrak, Esq. Jeffrey Ellison
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