IN RE: DENNIS R. SPEAK,
Protest Decision 2001 EAD 240
Issued: March 15, 2001
OEA Case No. PR021212SO
See also Election Appeals Master decision 01 EAM 53 (KC)
Dennis Speak, a member of Local 41 and delegate candidate on the Dennis Speak Team slate (the "DS slate"), 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"). Speak alleges that i) a DS slate handbill was not placed inside a locked, glass-enclosed bulletin board at Consolidated Freightways ("CF"), even though a Phil Young-Jim Hoffa Members First slate (the "YH slate") handbill was posted on the inside, ii) the YH slate has benefited from bumper stickers being affixed to CF office cubicles and vehicles, and c) Local 41 president and non-candidate Phil Young and Local 41 business agent Danny Johnson were granted access to a UPS facility in Kansas City, where they campaigned on behalf of the YH slate.
Election Administrator representative Dolores Hall investigated the protest.
On March 14, 2001, we issued Speak, 2001 EAD 239, deciding these issues. Part Three of that decision, and the remedy that accompanied it, is WITHDRAWN and the following is issued in its place.
Findings of Fact and Analysis
Young admitted he and Johnson campaigned at the UPS facility on February 12, 2001. They have provided copies of pay stubs showing that both used their vacation time to do so. Young stated he met briefly with a supervisor regarding grievances even though on vacation time.
UPS bars non-employees from its facilities. Moreover, except for access to employee parking lots permitted under Article VII, Section 11(e) of the Rules, employer policy prohibits campaign activity at UPS facilities.
Doyle Clark, a UPS employee and Speak supporter, stated that he and Speak campaigned outside at UPS but, consistent with employer policy, were not allowed inside the building. However, Clark stated that Young met with UPS Pre-Load Manager Gary Allen for a short time but remained in the building for approximately 30 minutes.
Allen confirmed that Young entered the building on February 12, talked to several employees, and then met briefly with Allen regarding union business. Allen estimated that Young was in the building for about fifteen to twenty minutes, during which he spoke with Young for about five minutes. We find that Young's short conversation with Allen concerning grievances was a pretext for his real purpose of gaining entry to an otherwise off-limits facility to campaign.
The Rules prohibit employer discrimination in permitting candidates access to employer property. Article VII, Section 11(f). Although Young and Johnson improperly gained access to the East Center of the facility to campaign while similar access was denied the DS slate, we find UPS did not permit Young and Johnson inside for the purpose of campaigning. However, because employees might reasonably conclude that Young and Johnson had been granted campaign access by the employer, UPS has agreed to post the notice attached to this decision in the East Center of the facility immediately and to read it one time to East Center employees at the pre-work communication meeting to be held March 19, 2001. On this basis, we consider the protest against UPS RESOLVED.
We GRANT the protest that Young improperly used his position as president of Local 41 to gain access to an area that would otherwise be unavailable. As remedy for this violation, we order that Young cease and desist from using his official position to campaign at locations that are not equally accessible to all candidates.
An order of the Election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73 (February 13, 1996).
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 (facsimile: 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 240
NOTICE TO EMPLOYEES OF THE EAST CENTER
United Parcel Service does not endorse candidates in any union election. Specifically, UPS does not favor or oppose any candidate or slate of candidates in the 2000-2001 IBT International Union Delegate and Officer Election.
UPS does not permit access inside its buildings to candidates or union members for the purpose of campaigning in any union election. This policy is strictly and uniformly enforced against all candidates, regardless of political affiliation.
On February 12, 2001, Phil Young and Danny Johnson improperly gained access to the East Center and campaigned. This activity violated UPS' policy against campaigning and was done without permission. UPS will not allow such activity in the future.
Young and Johnson's appearance in the East Center to campaign should not be viewed as an endorsement by UPS of the candidates they support.
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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
Dennis Speak
6907 North Brookside
Liberty, MO 64068
Phil Young
IBT Local 41
4501 Van Brunt Blvd.
Kansas City, MO 64130
Danny Johnson
IBT Local 41
4501 Van Brunt Blvd.
Kansas City, MO 64130
Lindsay Marshall
UPS, Inc. Legal Department
55 Glenlake Parkway NE
Atlanta, GA 30328
Gary Tocci
Kim Kaplan
Schnader, Harrison, Segal
& Lewis
Suite 3600
1600 Market Street
Philadelphia, PA 19103
Dolores Hall
1000 Belmont Place
Metairie, LA 70001