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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: TIM BUBAN,
Protest Decision 2001 EAD 389
Issued: June 15, 2001
OEA Case No. PR060611MW

Tim Buban, a member and delegate 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") against Yellow Freight. He alleges that Yellow improperly denied IBT members the right to campaign in its West Allis, Wisconsin, employee parking lot in violation of Article VII, Section 11(e) of the Rules.

Election Administrator representative Jeffrey Ellison investigated the protest.

Findings of Fact and Analysis

On June 4, 2001, Buban and two others campaigned among arriving and departing employees in the employee parking lot of the facility for about an hour when they were approached by James Bruckner, city operations manager at the facility. Bruckner told them they were not permitted on the property and directed them to leave. Buban told Bruckner the Rules and an order of the United States District Court permitted them to campaign in that area and that they had been permitted to do so without incident several times previously. Nonetheless, Bruckner insisted the campaigners leave, and they did so.

Pete Freudland, a steward at the terminal, told our investigator of complaints he received from members that the campaigners were "harassing" them. Freudland suggested to Bruckner that the campaigners belonged on the public sidewalk rather than the employee parking lot. Bruckner agreed and ejected the campaigners.

John Knoblauch, another steward at the facility, told our investigator Buban and the others were not campaigning but instead were soliciting signatures for a petition. The individuals, wearing Leedham hats and buttons, indeed were circulating petitions to be presented at the IBT convention calling for reform of the Central States pension fund. Pension reform is a plank in the platform of the Leedham campaign, and Buban asserts their petitioning was in connection with that campaign. Article VII, Section 11(e) of the Rules permits "a candidate for International office and any Union member within the regional area(s) in which said candidate is seeking office [to] distribute literature and/or otherwise solicit support in connection with such candidacy" in employee parking lots. On the facts presented here, the activities of Buban and the others were protected by the Rules.

Counsel for Yellow Freight has advised that Bruckner was previously unaware of the Rules' parking lot access provision, that he now has been orally instructed and given a copy of Yellow's advisory to supervisory personnel regarding campaign access to employee parking lots, and that Yellow will continue to observe the terms of the Rules' requirements in this regard. Based on these representations, we deem this matter RESOLVED as to Yellow Freight.

Frank Busalacchi, principal officer of Local 200, has also agreed promptly to advise stewards at this facility of members' rights under the Rules to campaign on employee parking lots, and to instruct them not to interfere with such activity. Based on these assurances, we consider this matter RESOLVED as to any allegation in this incident of union interference with parking lot campaigning.

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 389

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

 

Tim Buban

4220 S. Katherine Drive

New Berlin, WI 53151

 

IBT Local 200

6200 West Bluemound Road

Milwaukee, WI 53213

 

Yellow Freight Systems, Inc.

11405 W. Rodgers

West Allis, WI 53227

 

Tom Kempinski

West 209 North 11065 Springhill

Germantown, WI 53022

 

Pete Cefalou

2949 S. 90th Street

West Allis, WI 53227

 

Dan Hornbeck, Esq.

Yellow Freight Systems, Inc.

10990 Roe Avenue

Overland Park, KS 66211

 

Dennis Sarsany

1829 Eddy Street

Chicago, IL 60657

 

Jeffrey Ellison

65 Cadillac Square, Suite 3727

Detroit, MI 48226