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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: MICHAEL ELLISON,
Protest Decision 2001 EAD 162
Issued: February 13, 2001
OEA Case No. PR013112SO

Michael Ellison, a Local 19 member and delegate candidate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Ellison alleges that Local 19 members and delegate election candidates Ken Faulk, Ken Sauter, Rodney Rhoades, Morris Dixon and Lawrence Dildine improperly entered the Southwest Airlines ("Southwest") hangar located at Love Field in Dallas, Texas to campaign during the working hours of Southwest employees, with the consent of Southwest Airlines management. The protestor alleges a violation of Article VII, Section 11(e) of the Rules.

Election Administrator representative Dolores Hall investigated the protest.

Findings of Fact and Analysis

Rhoades is an employee of Continental Airlines in Houston and a candidate for delegate from Local 19. Faulk is an employee of Southwest in Houston and a candidate for delegate on the Rhoades slate. Dildine is an employee of Southwest Airlines in Dallas and an independent candidate for delegate from Local 19. Dildine is running against Rhoades and Faulk for the position of delegate. Neither Sauter nor Dixon is a candidate in Local 19's delegate election.

Each of the five charged parties serve on Local 19's contract negotiation committee (the "committee"), which was formed for the express purpose of setting bargaining priorities for upcoming contract negotiations. In addition, the committee is charged with educating newly organized members regarding trade unionism.

Rhoades, Faulk and Sauter concede that they planned a trip to International Extrusion in Waxahachie, Texas on January 29, 2001, to campaign in the parking lot for the delegate election. All three had that day off from work. Before that date, Dildine and Dixon asked Rhoades, Faulk and Sauter to stop at Southwest's Love Field hangar to talk to members about upcoming contract negotiations, since they would be in the area. They agreed to do so, and the committee members prepared a questionnaire about negotiation for distribution to the Southwest members.

When Rhoades, Faulk and Sauter spoke to the Southwest employees on the day shift, Dildine and Dixon were not present. Rhoades and Faulk, but not Sauter, returned later to talk to evening shift workers in a meeting in the break room in the hangar. The questionnaires were distributed to members at both sessions and information was exchanged regarding the upcoming contract. While it is not clear whether the meetings spilled over into work time, our investigation established that no campaign activity occurred during either meeting, with discussions being limited to upcoming contract negotiations. The protestor offered no evidence to the contrary. Moreover, there was no evidence that Southwest management even knew of the presence of the committee members.

We accordingly DENY the protest because no evidence was offered to support Ellison's allegations.

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 Administrator 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

Election Appeals Master

Latham & Watkins

Suite 1000

885 Third Avenue

New York, New York 10022

Fax: 212-751-4864

Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

2001 EAD 162

DISTRIBUTION LIST VIA UPS NEXT DAY AIR:

Patrick Szymanski

IBT General Counsel

25 Louisiana Ave. NW

Washington, DC 20001

 

Bradley T. Raymond

Finkel, Whitefield, Selik,

Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

 

J. Douglas Korney

Korney & Heldt

30700 Telegraph Road

Suite 1551

Bingham Farms, MI 48025

 

Barbara Harvey

Penobscot Building

Suite 1800

645 Griswold

Detroit, MI 48226

 

Betty Grdina

Yablonski, Both & Edelman

Suite 800

1140 Connecticut Ave. NW

Washington, D.C. 20036

 

Tom Leedham c/o Stefan Ostrach

110 Mayfair

Eugene, OR 97404

 

IBT Local 19

223 Wood Street

Grapevine, TX 76051

 

Ken Faulk

23319 Whispering Wood

Spring, TX 77373

 

Rodney Rhoades

2350 Marble Falls

Spring, TX 77373

 

Ken Sauter

4115 Sports Flyer Lane

Box 336

Brookshire, TX 77423

 

Morris Dixon

2550 Falcon Way

Midlothian, TX 76065

 

Laurence Dildine

16822 Hunter Pointe Drive

Dallas, TX 75428

 

Jim Sokol

Vice President of Maintenance

Southwest Airlines

2832 Shore Court Drive

Dallas, TX 75235

 

Dolores Hall

1000 Belmont Place

Metairie, LA 70001