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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: DANA STOCKTON,
Protest Decision 2001 EAD 292
Issued: March 31, 2001
OEA Case No. PR032213SO

Dana Stockton, a member of Local 41, 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"). She alleges that fellow member Michael Vann, who works with her at Consolidated Freightways )"CF"), violated Article VII, Section 11(a) of the Rules when he wore a campaign button in support of a candidate slate in the local's delegate election during a fire safety meeting at CF.

Election Administrator representative Dolores Hall investigated the protest.

Findings of Fact

Vann is a candidate on one of the slates in Local 41's delegate election. He also serves on CF's safety committee. He joined the committee three years ago, after CF posted an announcement seeking employee volunteers, and after the terminal manager asked him to join. Stockton also served on the committee for a time, but has since resigned. All employees have the opportunity to serve on the committee. Appointment does not depend on union status.

On March 21, 2001, the committee held a mandatory fire safety meeting for CF workers. Vann and supervisor Pat Ramsey gave a presentation, and Vann wore a button in support of his slate during the meeting. Stockton alleges that this violates the Rules.

Analysis

To guard against the appearance of local union support for any particular delegate candidate or slate that might be created when a representative of the union wears campaign insignia while dealing with any third party as representatives of the union, such displays by representatives of the union serving as such are prohibited. See Advisory on Wearing of Campaign Buttons and Other Emblems (October 10, 2000), and Addendum to Advisory on Wearing of Campaign Buttons and Other Emblems (March 8, 2001). This restriction applies not only to union officers, business agents and full-time employees, but also to any member who represents the union in dealings with third parties. Id.

Here, however, there is no evidence that Vann acted as an agent or representative of his local union while serving on the CF safety committee. Instead, he was appointed to and serves on that committee solely as an employee, just as Stockton did when she served. 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 (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 292

DISTRIBUTION LIST (BY AIRBORNE EXPRESS):

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 377

1223 Teamsters Dr.

Youngstown, OH 44502

 

Dana Stockton

c/o Phil Young

IBT Local 41

4501 Van Brunt Blvd.

Kansas City, MO 64130

 

Michael Vann

c/o Dennis Speak

6907 North Brookside

Liberty, MO 64068

 

Dolores Hall

1000 Belmont Place

Metairie, LA 70001