IN RE: DAN JOLLIFF,
Protest Decision 2001 EAD 209
Issued: March 2, 2001
OEA Case No. PR021011SO
Dan Jolliff, a member of Local Union 19, 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"). He alleges that trustee Jerry Vincent violated the Rules by disparaging delegate candidates Rodney Rhoades and Ken Faulk at a membership meeting.
Election Administrator representative Dolores Hall investigated the protest.
Findings of Fact and Analysis
The facts are not in dispute. At the membership meeting held February 8, Vincent blamed Rhoades and Faulk for the membership's rejection of proposed bylaw amendments Vincent said were necessary to end the local's trusteeship. Vincent told the members he had requested the assistance of Rhoades and Faulk in re-writing the bylaws. Rhoades and Faulk did so but, Vincent said, campaigned against the changes they helped write. Vincent asserted that the trusteeship was still in place because the bylaws referendum failed. The protestor interrupted Vincent to caution him not to disparage Rhoades and Faulk, saying they were candidates for delegate. Vincent replied that he was addressing an issue unrelated to the delegate election and, furthermore, that he was neutral in that election.
Ballots were mailed February 6.
Article VII, Section 5(a)(4) instructs that "[a] Local Union shall not discriminate or permit discrimination in favor of or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc." This provision is violated when the conduct in question constitutes "campaigning," defined as advocacy for the nomination, election or defeat of a candidate. Caffrey, P47 (October 19, 1995). No violation occurs where the speech relates to a legitimate issue of concern to the membership, even if that issue is also a campaign issue. Crawley, P27 (August 23, 1995).
Here, Vincent's statements do not violate the Rules because, although critical of Rhoades and Faulk, they relate to a matter of legitimate concern to the membership - the continuation of the local's trusteeship - and do not advocate the defeat of those candidates in the delegate election. As such, Vincent's words did not constitute "campaigning" under the Rules. Therefore, 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 209
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
Don Jolliff
8021 Peekskill
Houston, TX 77075
IBT Local 19
223 Wood Street
Grapevine, TX 76051
Jerry Vincent
IBT Local 783
7711 Beulah Church Road
Louisville, KY 40228
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001