IN RE: JEFFREY STRAUSE,
Protest Decision 2001 EAD 206
Issued: March 2, 2001
OEA Case No. PR020812ME
Jeffrey Strause, a member of Local Union 429, 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 Rich Eline, business agent for the local and candidate for alternate delegate, campaigned on time paid by the union on February 2 and 7, 2001, in violation of Article VII, Section 11(b) of the Rules.
Election Administrator representative William Kane investigated the protest.
Findings of Fact and Analysis
The protestor alleges that on February 2 Eline came to the protestor's worksite for the purpose of posting the notice of nominations required by Article II, Section 6(a) of the Rules. While there, Eline spoke in support of his candidacy to a member. That member, assistant shop steward Don Clevenger, reported that he was on break when he spoke briefly to Eline, who said he was running for alternate delegate. Clevenger estimated the conversation lasted less than two minutes.
On February 7, Eline returned to the worksite for a labor-management meeting to discuss the subcontracting of three jobs. Immediately following the meeting, Eline met with the affected members to explain the meeting's result. The protestor was present as the shop steward for the members. After this session, Eline handed each person a card touting his candidacy. He left additional cards in the drivers' room. Eline said nothing in support of his candidacy. The protestor estimates the campaign activity lasted 30 seconds.
Article VII, Section 11(c) prohibits campaigning "on time that is paid for by the Union." However, "[c]ampaigning incidental to regular Union business" is permitted. In assessing whether campaign activity falls within normal workplace interaction and is, therefore, "incidental," past cases look to the "absence of evidence that an employee failed to perform work, deviated from prescribed duties, or interfered with another employee's work." Viscomi, P683 (April 12, 1996), citing Grossman, P476 (March 6, 1996); Raymond, P434 (March 14, 1996).
There is an absence of such evidence here. Our investigation established that Eline did not fail to perform his legitimate union work on the dates in question, did not deviate from his duties, and did not interfere with the work responsibilities of the employees at the protestor's worksite. Instead, he had a brief exchange with an employee on break and distributed campaign cards to others at the conclusion of a labor-management meeting.
Such conduct by a local union staff member has been held permissible in Newhouse, P253 (January 4, 1996); Jackson, P842, (August 14, 1991); Draeger, P486 (February 20, 1991); Dillon, P467 (March 4, 1991); and Hoesly, 2000 EAD 21 (September 15, 2000). We find here that Eline's campaign activity was incidental to his conduct of legitimate union business and thus not improper. Accordingly, 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 206
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
Jeffrey Strause
62 Hill Street
Bernville, PA 19506
IBT Local 429
P.O. Box 15222
Reading, PA 19612
Rich Eline
1055 Spring Street
Wyomissing, PA 19610
Don Clevinger
121 Green Road
Reading, PA 19606
William B. Kane
242 Old Haymaker Road
Monroeville, PA 15146