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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: JON SENUM,
Protest Decision 2001 EAD 356
Issued: May 9, 2001
OEA Case No. PR022613MW

Jon Senum, a member of Local 638, 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 following the local's February 19, 2001 nominations meeting, United Parcel Service subjected candidates on the "Members Choice for Reform delegate election slate (the "MCR slate") to "disciplinary harassment" in violation of Article VII, Section 11(g) of the Rules.

Election Administrator representative Laurie Schwefel investigated the protest.

Findings of Fact and Analysis

Senum, along with his fellow UPS employees Jim Tadeusiak, Dave Johnson, Tony Winchester and Tom Englund are MCR slate candidates in Local 638's delegate election. Senum claims that UPS has retaliated against each because of their delegate candidacy, and specifically alleges that he was abandoned by a supervisor when he needed guidance, that Tadeusiak was subjected to a disciplinary meeting with a supervisor, that Johnson was subjected to a random drug test, that Winchester was subjected to a supervisory "ride-along" in his truck, and that Englund was subjected to management surveillance.

Our investigator attempted to contact each of these alleged discriminatees. She was able to interview only Senum, Winchester, Johnson and Tadeusiak. Winchester told our investigator that he is accompanied by a UPS supervisor at least annually on a twelve hour "ride-along." The ride-along relied on by Senum occurred on February 20, 2001, the day after the nomination meeting. Winchester says that he does not believe that UPS intended to harass him, and does not join Senum in claiming a Rules violation.

Johnson told our investigator that he has worked for UPS for 19 years and has been randomly drug tested about six times. He says that the drug test performed in the week following the nomination meeting was suspicious, but offered no evidence of retaliation.

Tadeusiak told our investigator that the day after the nominations meeting he was approached by supervisor Brian Dube. They had a conversation in the presence of a shop steward about Dube's claim that he had observed Tadeusiak discussing union business during work time and of not performing his duties while doing so. Tadeusiak denied not working, but told our investigator that he did discuss union business with co-workers while continuing to work. Dube gave Tadeusiak a verbal warning for the incident. Tadeusiak admitted that UPS had disciplined other employees, including a political opponent, for engaging in similar activity.

Lastly, Senum presented no evidence that his alleged abandonment by a UPS supervisor was related to his delegate election candidacy.

Our investigation failed to establish any evidence of UPS retaliation against members of the MRC slate because of conduct protected by the Rules. Accordingly, in the absence of evidence of improper retaliation, 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 356

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

 

IBT Local 638

3001 University Ave. SE

Mpls, MN 55414

 

Jon Senum

1693 Selby Ave.

St. Paul, MN 55104

 

Gary Tocci

Kim Kaplan

Schnader, Harrison, Segal & Lewis

Suite 3600

1600 Market St.

Philadelphia, PA 19103

 

Lindsay Marshall

UPS Inc., Legal Department

55 Glenlake Parkway NE

Atlanta, GA 30328

 

Laurie Schwefel

7807 West Verona Court

Milwaukee, WI 53219

 

Dennis Sarsany

1829 Eddy Street

Chicago, IL 60657