IN RE: ANTHONY BROWN,
Protest Decision 2001 EAD 281
Issued: March 29, 2001
OEA Case No. PR121101CA
Anthony Brown, a member of Local 213, 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 Local 213's mailing list and funds were used by the local's principal officers in support of their delegate election candidacy, to mail 300 union hats to the local's pipeline members. Brown also alleges that the mailing list was not available to his slate.
Election Administrator representative Gwen Randall investigated the protest.
Article VII, Section 2 of the Rules provides that each candidate has the right, once within 30 days prior to the casting of ballots in any election in which he/she is a candidate, to inspect a list containing the last names and addresses of all members of the union who are to participate in such election. The right of inspection does not include the right to copy the list but does include the right to compare it with a personal list of members. However, if the union permits any candidate to copy the list, all candidates must be notified of this and provided the same opportunity. The union may not discriminate in favor of or against any candidate with respect to access or use of its membership list. Article VII, Section 11(c) further provides that union resources may not be used to assist in campaigning unless the union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance.
Findings of Fact and Analysis
Local 213 held its nomination meeting on January 17, 2001. Two slates were nominated: the McGill Unified Members Slate and the Local 213 Teamsters Rank & File Slate. An independent candidate was also nominated.
Local 213 has 10,000 members. The members work in many industries, including food processing, warehousing, delivery, bottling, dry cleaning, glass manufacturing, steel manufacturing and construction. The local's membership is divided into two main divisions: "A" and "B." "A" division contains 2,200 members working in the construction, road building and pipeline industries and includes owner/operators. "B" division contains 7,800 members, including those in all industries except construction, road building and pipeline.
The IBT is signatory to a National Pipeline Agreement with the Pipe Line Contractors Association of Canada. The collective agreement covers all provinces and territories in Canada. The National Pipeline Agreement provides for the establishment of a Teamsters Pipeline Service Fund. The employer deducts ten cents per hour from the wages of each employee covered by the agreement. This is paid to the Teamsters Pipeline Service Fund. Local 213 accounts for this fund as a separate accounting item.
Local 213 advises that there has been no union pipeline work in British Columbia for the last eight years, with the exception of the B.C. Gas Southern Crossing Pipeline project, in which Local 213 members were employed by Marine Pipeline Construction, a division of Murphy Pipeline. The project began in May 2000 and ended in November 2000. Local 213 desired to recognize the members working on this high profile project. On August 14, 2000, it requested from its supplier a price for 300 black hats with the Teamsters 213 logo in front and on the back the words "B.C. Gas Southern Crossing." The local also designed a pipeline pin. Local 213 placed an order for 225 baseball caps on October 11, 2000. The Pipeline Service Fund paid for the order. At the same time, the union ordered 315 pipeline lapel pins. The hats were used specifically for the Southern Gas Crossing job where some 200 Teamsters members were working. The pipeline pins were generic and are intended to be used to promote jobs in future years.
The hats that were mailed to members working on the B.C. Gas Southern Crossing Pipeline job were accompanied by a letter signed by Don McGill, secretary-treasurer of Local 213. It read:
Please find enclosed a memento from Teamsters Local 213 in recognition of your work on the B.C. Gas Southern Crossing Pipeline.
The package also contained a pipeline pin. The letters were dated November 27, 2000. Approximately 11 hats were left after the mailing. Some of the members working on the project were members of Teamsters Locals 362, 230, 395, 91, 927, 979, 938 and 141. Each of those members also received the commemorative baseball cap and pin.
McGill did not seek political endorsement in the enclosure letter. Brown did not ask the local to mail out campaign material on his behalf pursuant to the Rules.
We DENY the protest because the evidence does not support the claim that the hats, pins and accompanying letter were a campaign contribution. There is no evidence that they had as their purpose, object or foreseeable effect the support of any candidate. Nor was the mailing list used for campaign purposes.
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 281
Distribution List Via UPS Next Day Air (Unless Otherwise Indicated):
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
IBT Local 213
490 East Broadway
Vancouver, BC V5T 1X3
Canada
Anthony Brown
11060 15th Street
Surrey, BC Y3R 6J2
Canada
Gwen Randall, Q.C.
421Seventh Avenue, SW
Suite 3300
Calgary, AB T2P 4K9