IN RE: WAYMON STROUD
Protest Decision 2001 EAD 199
Issued: February 27, 2001
OEA Case No. PR021313AT
See also Election Appeals Master decision 01 EAM 42 (KC)
Waymon Stroud, business agent, vice president and candidate for delegate in Local 728, 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"). His protest alleged that Don Scott, local president, violated the Rules by issuing a directive that partisan bumper stickers be removed from union-owned vehicles.
Election Administrator representative J. Griffin Morgan investigated the protest.
Findings of Fact and Analysis
At a meeting of the local's executive board held February 9, 2001, Scott announced his intention to order all officers and employees to remove campaign bumper stickers from their union-owned cars. On February 12, he instructed Earl Parker to remove the Hoffa sticker from his car. This protest followed. Since the filing of the protest, Scott has not enforced his directive. Although one officer removed the bumper sticker from his car, stickers remain on the cars of several officers and agents pending the decision in this case.
Automobiles are provided by Local 728's bylaws, which allow "private use when the car is not required on Union business."
Article VII, Section 11(c) permits "Union officers and employees provided with Union-owned or leased cars, if otherwise afforded the right to utilize those cars for personal activities, [to] use the cars for campaign activities, provided no costs, or expenses incurred as a consequence of such use are paid out of Union funds or other prohibited sources." A weight of decisional authority construes this provision to permit union officers and employees to display partisan material on such cars. Thus, Carr, 91 EAM 143 (May 2, 1991), holds that display of a campaign sign in a vehicle used for union business does not violate the Rules. Similarly, Blake, P712 (April 29, 1996), aff'd, 96 EAM 185 (May 10, 1996), permits display of a partisan bumper sticker on a car used for union business. Blake was followed in Van Der Woude, P1041 (October 28, 1996) and Jordan, PR276 (September 29, 1998).
Although union officers and employees are barred from wearing campaign emblems when meeting with employers or otherwise representing the union,[1] the extension of this prohibition to vehicles used on union business has been expressly rejected. Blake, supra (the Advisory applies only to the display "of campaign emblems on a person's body.")
This substantial precedent constrains us to find that, where union officers and employees are permitted personal use of union-provided vehicles, they enjoy a personal right under Article VII, Section 11(c) of the Rules to display campaign bumper stickers on them. Therefore, Scott's instruction to his subordinate officers and business agents that bumper stickers be removed from their vehicles violates the Rules. Accordingly, the protest is GRANTED.
Remedy
When the Rules have been violated, the Election Administrator "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator considers the nature and seriousness of the violation, as well as its potential for interfering with the election process. Here, because of the limited scope of Scott's order, the remedy also will be limited. Therefore, the Election Administrator orders the following:
1. Within two (2) business days of receipt of this decision, Scott shall deliver the notice attached as Exhibit A to all officers and employees of Local 728 who have union-provided vehicles.
2. Within five (5) business days of receipt of this decision, Scott shall submit an affidavit to the Election Administrator attesting to his compliance with Paragraph 1 of this Order.
3. Scott shall cease and desist from conduct that violates the Rules.
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 199
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
Waymon Stroud, Sr.
3766 Occidental Way
Decatur, GA 30034
IBT Local 728
Attn: Don Scott
2540 Lakewood Avenue SW
Atlanta, GA 30315
J. Griffin Morgan
Elliott, Pishko, Gelbin & Morgan
426 Old Salem Road
Winston-Salem, NC 27120
[1] See Advisory on Wearing of Campaign Buttons and Other Emblems (October 10, 2000).
NOTICE TO ALL OFFICERS AND EMPLOYEES OF
LOCAL UNION 728 WITH AUTO PRIVILEGES
You have the right to participate in campaign activities on behalf of candidates for International delegate or officer in the current elections. You have the right to support or oppose any candidate openly, to aid or campaign for any candidate, and to make personal campaign contributions.
It is a violation of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election for you to be instructed to remove campaign bumper stickers from your union-provided car.
Any attempt to interfere with or retaliate against you because of your political activity in connection with the International delegate or officer election should be reported to William A. Wertheimer, Jr., Election Administrator, at 727 Fifteenth Street, NW, 10th floor, Washington, D.C. 20005; (202) 454-1500.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator