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IN RE: MIKE HICKS, Protestor. (See also Election Appeals Master decision 06 EAM 22) Mike Hicks, a member of Local Union 639, filed two nearly identical pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”). Hicks alleged that the January 2006 issue of the Teamsters Local 639 newsletter constitutes a campaign contribution by the local union to the Members United slate, which is headed by Local Union 639 President Ratliff. He alleged that the timing of the publication and the content of the newsletter constituted campaign material favoring the Members United slate. Election Supervisor representative J. Griffin Morgan investigated this protest. Findings of Fact Two issues of the Local Union 639 newsletter have been published since the Ratliff administration first took office in January 2004. The first was published in Spring 2005. Two pages of that newsletter focused on the pending crisis in Local Union 639’s health and pension plans. The second issue was published in January 2006. Although prepared for a December publication, problems with the mail house delayed the publication a month. The current issue of the newsletter focuses on changes made to Local 639's
health fund. The newsletter is 12 pages in length. Pages 1, 2, 3, 6, and 7 are
devoted to the Health Fund and changes in health care and medical benefits. Page
5 is the "President's Message," which also addresses the Health Fund and the
health care crisis. Page 4 contains the “Secretary-Treasurer’s Message,” a
tribute to retired local union vice president Louis McLaughlin. Page 8 addressed
the Change to Win Coalition. Page 9 gave an update on organizing at DHL, a major
competitor to UPS. Page 11 addressed Weingarten rights. Pages 10 and 12 featured
photos of the local union’s golf tournament and picnic. Analysis Article VII, Section 8 (a) of the Rules prohibits use of a local union publication to support or attack any candidate, viz.
The newsletter content does not violate the Rules. The newsletter was devoted to a major issue of concern to the membership, health care. Although not dispositive, we note that the newsletter’s content appears to report factually on the health care plan and cannot be read as favoring positions of, or advocating for, the incumbent officers and business agents running as candidates in the delegate and alternate delegate election. For example, although the restructured health plan requires additional contributions from employers, it also requires Teamsters members to pay higher co-pays and deductibles. The newsletter articles reported both of these changes. 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 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 Mike Hicks Thomas Ratliff, President J. Griffin “Griff” Morgan Jeffrey Ellison
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