IN RE: BRUCE BLAKE,
Protest Decision 2001 EAD 196
Issued: February 27, 2001
OEA Case No. PR020511WE
Bruce Blake, a member of Local 848, 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"). Blake alleges that Local 630 business agent Robert Rios abused his access to a glass-enclosed bulletin board by posting campaign materials. Blake also alleges that Rios may be using union resources to campaign on union time.
Election Administrator representative Dolly Gee investigated the protest.
Findings of Fact
The Unified Western Grocers Los Angeles facility employs members of Teamsters Locals 630 and 848. The two locals share the company transportation department's only union bulletin board, which is glass-enclosed. Locals 630 and 848 have access to separate sides of the board through separate locks and keys. Each side of the board can hold up to six 8½ x 11 inch pieces of paper. In the past, the board has been used to display campaign materials.
Blake believes that Rios posted three flyers on the Local 630 side of the board: one advertising a barbeque and raffle in support of James P. Hoffa, Jr. and two urging members to vote for pro-Hoffa delegate candidates. Rios denies posting the latter two flyers and could not recall whether he posted the barbeque/raffle flyer. Rios has a key to the Local 630 side of the board, though it is unclear whether he had the only such key when the flyers were posted.
Rios denies that he used union resources in connection with the printing or posting of any of the flyers. He also denies posting any campaign materials on company time. Blake has provided no contrary evidence, so we credit Rios' statement.
Finally, Blake attempted to post campaign materials on the outside of the board, but Unified Western Grocers would not allow this. Blake, however, has not offered any evidence that Rios refused, or would have refused, any Local 630 member's request to post campaign materials on the inside of the board. Rios said that if asked, he would have posted campaign materials regardless of the requester's political stance.
Analysis
The Rules prohibit a candidate's (or slate's) use of union "funds, facilities, equipment, stationery, personnel, etc. . . . in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance." Article VII, Section 11(c). Blake has provided no evidence that Rios posted campaign materials on union time or that any union funds were used in the production or posting of the flyers.
The Rules also prohibit restrictions on "members' preexisting rights to use employer or Union bulletin boards for campaign publicity. . . . Such facilities and opportunities shall be made available to all candidates and members on a non-discriminatory basis." Id. Section 11(d). The Unified Western Grocers transportation department board has historically been used for campaigning, so the posting of pro-Hoffa literature does not, by itself, violate the Rules. In addition, Blake does not assert that Rios refused to post campaign materials for members who do not support Hoffa. In fact, it appears that Rios received no such requests. We will not assume discrimination in the face of a lack of supporting evidence.
For the foregoing reasons, we DENY the 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 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 196
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
Bruce Blake
1101 West Road
La Habra Heights, CA 90631
IBT Local 630
Attn: Robert Rios
750 South Stanford Ave.
Los Angeles, CA 90021
IBT Local 848
9906 Baldwin Place
El Monte, CA 91731
Unified Western Grocers Los Angeles
2601 South Eastern Ave.
Los Angeles, CA 90040
Dolly Gee
Schwartz, Steinsapir, Dohrmann & Sommers
6300 Wilshire Blvd., Suite 2000
Los Angeles, CA 90048