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IN RE: WILLIE WILLIAMS, Protestor. (See also Election Appeals Master decision 06 EAM 48) Willie Williams, a member of Local Union 391, 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 asserted that Randy Conrad had not complied with the order issued by the Election Appeal Master, which affirmed the remedy imposed by the Election Supervisor in Webb, 2006 ESD 155 (March 24, 2006). In addition, he asserted that Local Union 391 was not taking the decisions seriously. Election Supervisor representative J. Griffin Morgan investigated this protest. Findings of Fact and Analysis In Webb, supra, the Election Supervisor found that Conrad failed to acknowledge to our investigator the actions he took and statements he made during the nominations meeting for Local Union 391’s delegate and alternate delegate election. The Election Supervisor ordered Conrad to post a notice on all union bulletin boards under the jurisdiction of Local Union 391 that stated in part that “[t]he Rules require that all witnesses cooperate with the Election Supervisor in the investigation of protests, and I did not do so.” This decision was affirmed in all respects on appeal to the Election Appeals Master. 06 EAM 27 (April 4, 2006) On April 18, 2006, protestor Williams alleged that the required notice was not posted on 6 out of 7 bulletin boards at the Greensboro, NC UPS hub, and was not posted on either bulletin board at the Fayetteville UPS Center or the single board at the Goldsboro UPS Center. Williams also alleged that Conrad used a Local Union 391 post office box for the return address on his letter to stewards containing the notices to be posted. On April 24, protestor Williams alleged that the notice was not posted at 3 additional locations: UPS Winston-Salem (2 boards); UPS Southern Pines (1 of 2 boards); and Miller Brewing in Eden (1 board posted out of 3 or 4 boards). On May 5, 2006, Williams filed a protest which alleged that Conrad: (1) used Local 391 office staff and supplies to comply with the posting requirement; (2) used a Local 391 post office box as his return address when he mailed the notices to be posted; and (3) failed to post the notices within 7 days as required by the decisions of the Election Supervisor and Election Appeals Master. Local Union 391 has approximately 7,200 members, 179 stewards and over 100 union bulletin boards. After receiving Williams’ April 18 letter, the Election Supervisor’s representative contacted Local Union 391 regarding ownership of the post office box and the allegation that notices were not posted at some locations. Local Union 391 administrative assistant Stormy Fields stated that the PO box used by Conrad did not belong to the local union. On April 25, 2006, Conrad provided an envelope, returned by the post office as undeliverable, showing the PO box used in his mailings was in Walkertown, NC, which is not a location convenient to Local Union 391’s office. In his response to the protest, Conrad stated that the Walkertown, NC PO box belonged to his father, Ronald Conrad. Conrad provided copies of multiple receipts demonstrating that on or before April 5, 2006, he paid for envelopes, stamps and copying costs to reproduce the notice. On April 6, Conrad provided to the Election Supervisor an affidavit stating that on April 5, he mailed the required notice to all stewards and to each office of Local Union 391. In his response to the May 5 protest, Conrad provided a detailed description of his effort to comply with the posting requirement after he had mailed the notice to the stewards. His attempts to insure compliance included:
Local Union 391 provided copies of its April 7, 2006 executive board minutes which were read to the membership at the Greensboro membership meeting on April 8 and at the Raleigh membership meeting on April 22. The minutes read to the membership reflected the findings of the Election Appeals Master and the Election Supervisor and informed the membership that a notice regarding Conrad’s violation of the Rules was to be posted by Conrad, with assistance of the stewards, on all bulletin boards for 30 days. Local Union 391 provided copies of its May 12, 2006 executive board minutes which were read to the membership at the Greensboro membership meeting on May 13 and will be read at the Raleigh membership meeting on May 27. The minutes state that a new protest alleging non-compliance with the notice posting requirement had been filed. Secretary-treasurer Claude Gray “advised the Board and Agents that if their Stewards have any questions on the posting of the notice, to inform them that the notice must remain posted for 30 consecutive days on all bulletin boards and if in doubt, leave them posted.” Business agent Vernon Gammon provided a written statement dated May 17, 2006, that the required notice was posted on all bulletin boards at Miller Brewing by the human resources staff, which maintains the keys to the locked bulletin boards and posts all union notices. When interviewed on May 16, protestor Williams stated that he believed the notice was posted on all the bulletin boards he had referenced in his letters and protest, except for 1 of 2 boards at UPS in Southern Pines. On May 16, David L. Coward provided a written statement that he had posted the notice on the union bulletin board in the Southern Pines center on April 10, 2006 and that it remains posted. Local Union 391 business agent Steve Bishop stated that Southern Pines formerly had two Union bulletin boards but now has only 1 union board. Based on the receipts, statements and affidavit provided, we conclude that on April 5, Conrad mailed the required notice to Local Union 391 stewards to be posted on all union bulletin boards. Based on Conrad’s follow-up, as outlined above, and because Local Union 391 voluntarily informed its membership of the decisions of the Election Appeals Master and the Election Supervisor and encouraged its business agents to work with the stewards to insure compliance with the posting requirement, we find that Conrad and Local Union 391 have made reasonable efforts to comply with the decisions in 06 EAM 27 and 2006 ESD 155. Finally, we find there is no factual basis for the allegation that Conrad used union resources, including a PO box, staff and materials to meet his obligation under these decisions. 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 David J. Hoffa, Esq. Barbara Harvey Ken Paff Daniel E. Clifton Stephen Ostrach Willie Williams Randy Conrad, Organizer Jack Cipriani, President Robert M. Baptiste J. Griffin “Griff” Morgan Jeffrey Ellison
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