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IN RE: DONALD RAY HARDISON, Protestor. (See also Election Appeals Master decision 06 EAM 20) Donald Ray Hardison, a member of Local Union 822, 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”). Hardison alleged that James Wright, President of Local Union 822 and Hardison’s opponent in the delegate and alternate delegate election, used his position as president to make campaign remarks and negative comments about his political opponents in the delegate election during the membership meeting held February 12, 2006. Election Supervisor representative J. Griffin Morgan investigated this protest. Findings of Fact During the Good and Welfare portion of the membership meeting, Wright said he had received several negative and critical comments from members about campaign leaflets left on cars. Wright mentioned allegations that cars had been “keyed”. He stated that such conduct could make the local union liable for damage done to the cars. Wright stated that “no one should be putting literature on people’s cars.” He stated further that he had removed flyers from “places of concern” and placed them in the employee’s break room and on a bulletin board. Wright described his actions as one of kindness: “I did you a favor; you may not see it that way.” Wright also spoke about a newspaper article on Local Union 822 that was going to be published the next day in the Virginia-Pilot, a local newspaper. He told the members that it was not legal to give a copy of the local by-laws to non-members, and that such conduct could result in charges being brought against the individual who did it. However, he stated that he was not interested in bringing charges. Wright stated during the meeting that he had no problems with members talking about him on the docks or complaining about him at the local union or to his face, but he did not think such criticism should be taken outside the local union. Wright and Hardison agree that Wright he did not identify any member by name during these remarks. Wright defends his comments by stating that he made the comments as the president of the local union to communicate with the members about issues that involved the welfare of the union (complaints made by members about literature on their cars and an upcoming newspaper article). Doug Ward, a UPS employee who attended the membership meeting, recalled the comments about campaign literature on cars, the reference to a car being “keyed,” and Wright’s statement that he had removed the flyers from the cars at Gwaltney. He also recalled Wright stating that someone had gone to the newspaper and released information that should not be released and that Wright said local problems should be dealt with internally. Ward agreed with both Hardison and Wright that no names were ever mentioned,
either in relation to the flyers on cars or the newspaper article. However, Ward
said he felt the comments were directed at Wright’s opponents in the upcoming
election. Analysis The Rules govern candidate access to membership meetings and the opportunity to campaign during a meeting. Article VII, Section 5 provides the following:
(Emphasis added). The Rules thus set forth campaigning procedures for union meetings which are non-discriminatory and require pre-planning. Opportunities to campaign at any union meeting must be made equally available to all candidates with advance notice. Weronke, P306 (January 31, 1996); Kapitula, P1104 (November 22, 1991). Otherwise, any campaigning at union meetings violates the Rules. Wigley, P668 (April 18, 1996)(disparaging opposition from podium during union meeting constitutes illegal campaigning). In this case, we do not agree that Wright’s comments were made for the good
of the membership. He expressed his opinion that placing flyers on cars was a
poor way to campaign without informing the membership about the Rules governing
campaigns. He criticized members who talked to the press, knowing his opponent’s
name would be in the newspaper article the next day. His remarks disparaged his
opponent without providing an equal pre-planned opportunity for his opponent to
campaign. Accordingly, we GRANT this protest. Remedy When the Election Supervisor determines that the Rules have been violated, he “may take whatever remedial action is deemed appropriate.” Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process. We order Wright to cease and desist from using his union position to campaign from the podium during union meetings without offering an equal opportunity to all other candidates and giving advance written notice of that opportunity, as required by the Rules. We further order Wright to sign the attached Notice and post it on all union bulletin boards under the jurisdiction of the local union and to maintain that posting for a period of thirty consecutive days; Wright must complete the posting within two (2) business days of receipt of this decision. A decision of the Election Supervisor takes immediate effect unless stayed. Lopez, 96 EAM 73 (February 13, 1996). 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 TEAMSTERS MEMBERS FROM
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