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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: CURTIS MOORE,
Protest Decision 2001 EAD 225
Issued: March 9, 2001
OEA Case No. PR010816ME

Curtis Moore, a member of Local Union 115 and a candidate for delegate, 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 alleges he was removed from his position as chief shop steward in retaliation for his delegate candidacy and to advance the candidacy of the individual who replaced him.

Election Administrator representatives William Kane and William W. Thompson II investigated the protest.

Findings of Fact and Analysis

On January 5, 2001, Joe Waldron, assistant trustee and business agent of Local 115, announced Anthony Johnson as the new chief shop steward for the Sleighton School bargaining unit. Moore states he had been chief steward and was demoted when Johnson was elevated.

Moore asserts that Jocko Johnson, principal assistant to former secretary-treasurer John Morris, made him chief steward in 1995. Irene Walker, another steward at Sleighton, confirmed that Moore was chief, although neither could produce corroboration.

In Fall 2000, Moore missed several bargaining committee meetings and experienced serious health problems. On January 5, Waldron held a grievance meeting with available stewards at Sleighton. Moore did not attend. At the meeting, Waldron announced that Johnson would be chief steward because he "makes all the meetings."

Waldron states he did not know Moore was chief steward before this protest was filed. He said he had no problem with Moore as steward but thought Johnson was better. John Schmitt, the other assistant trustee of the local, said Johnson was made chief because he is "most knowledgeable."

Walker, a supporter of Moore, reported that Waldron promoted Johnson because Moore "was sick and couldn't make all the meetings."

Moore asserts that Waldron replaced him because of his political activity. Moore states he circulated Leedham petitions in the Sleighton parking lot in November 2000. He also points to his nomination on January 7 as delegate on a slate opposing the Jim Smith slate, the faction Waldron is alleged to support. In response, Waldron says that on January 5 he was unaware of Moore's petition activity and his intention to run for delegate. Although Moore asserts that Waldron promoted Johnson to advance Johnson's candidacy as alternate delegate, Johnson too was on a slate opposed to the Jim Smith slate.

Article VII, Section 11(g) of the Rules prohibits "[r]etaliation or threat of retaliation … for exercising any right guaranteed by … the Rules." To establish a violation of this provision, the protestor must show that conduct protected by the Rules was a motivating factor in the adverse decision or conduct in dispute. The Election Administrator will not find retaliation if he concludes that the union officer or entity would have taken the same action even in the absence of the protestor's protected conduct. Gilmartin, P32 (1/5/96), aff'd 95 EAM 75; Leal, P51 (10/3/95), aff'd 95 EAM 30; Wsol, P95 (9/20/95), aff'd 95 EAM 17.

The evidence shows that Waldron made Johnson chief steward unaware that Moore had been chief, had campaigned for Leedham, or intended to run for delegate. Under these circumstances, we find Waldron did not retaliate against Moore for activity protected by the Rules, and we therefore 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 (fax: 202-454-1501), all within the time 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 225

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

 

Curtis Moore

4952 North 19th Street

Philadelphia, PA 19141

 

IBT Local 115

2833 Cottman Ave.

Philadelphia, PA 19149

 

William B. Kane

242 Old Haymaker Road

Monroeville, PA 15146

 

William W. Thompson II

Zwerdling, Paul, Leibig, Kahn, Thompson & Wolly, P.C.

1025 Connecticut Avenue, N.W.

Suite 712

Washington, D.C. 20036