IN RE: DAN SCOTT,
Protest Decision 2001 EAD 455
Issued: September 18, 2001
OEA Case No. PR082911WE
(See also Election Appeals Master decision 01 EAM 92)
Dan Scott, a member and trustee of Local 174 who supports Tom Leedham's candidacy for General President of the IBT, 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"). Scott alleges that UPS supervisor Dave Beyrouty violated the Rules by instructing him to reverse or remove his Leedham t-shirt.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
Scott is a full time package driver at UPS's Redmond, Washington facility. In addition, Scott frequently performs pre-load work inside the facility. Unlike package car drivers, people performing pre-load work have limited interaction with third parties. Scott alleges that since 1998 he has worn political t-shirts while performing pre-load work. Specifically, he has worn t-shirts supporting Leedham, former 174 principal officer Bob Hasegawa, and Teamsters for a Democratic Union. Scott stated that he has often worn these t-shirts while Beyrouty has been the pre-load manager. Beyrouty denies instructing Scott to remove or reverse his t-shirt while performing pre-load work.
Without resolving the factual dispute, UPS has indicated that employees who do not meet the public, including people performing pre-load work, may wear campaign t-shirts. Therefore, while performing this work, Scott may wear such t-shirts. Based on UPS's representation, we deem this protest RESOLVED.
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 455
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
Todd Thompson
209 Pennsylvania Ave., SE
Washington, DC 20003
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11217
IBT Local 174
553 John Street
Seattle, WA 98109
Kenneth J. Pedersen
Davies Roberts & Reid LLP
101 Elliott Ave. W.
Suite 550
Seattle, WA 98119
Dan Scott
12924 64th Ave. SE
Snohomish, WA 98296
Lindsay Marshall
UPS, Inc. Legal Department
55 Glenlake Pkwy. NE
Atlanta, GA 30328
Kim Kaplan
Gary Tocci
Schnader, Harrison, Segal & Lewis
Suite 3600
1600 Market St.
Philadelphia, PA 19103