IN RE: DAVID HEALY,
Protest Decision 2001 EAD 460
Issued: September 19, 2001
OEA Case No. PR0090711MW
David Healy, a member of Local 705, 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 Local 727 and the Hoffa Unity slate (the "Hoffa slate"). He alleges that a business agent of the local union facilitated the distribution of Hoffa slate campaign literature in the work areas at the APCOA/Standard Parking facility in Chicago in violation of the Rules.
Election Administrator representative Dolores Hall investigated the protest.
Findings of Fact and Analysis
Healy, a UPS employee, visited the Standard Parking Garage located at 911 North Rush Street in Chicago on September 5 to make a delivery. He noticed Hoffa campaign literature on the counter in the workspace where the cashiers sit to take the money from people exiting the garage. The material consisted of Hoffa buttons, pole stickers and fliers. Healy said the material was of sufficient volume that he concluded that it was intended for distribution.
Our investigation revealed that the company was unaware of the situation and had instructed all employees not to retain election campaign material at the work site. The company has advised us that an official from the union had dropped the material off to a cashier and she did not have time to properly remove it before it was seen by Healy.
Diedra Salter, a cashier with Standard Parking and a member of Local 727, revealed that Local 727 business agent Adrian Smith had dropped off the campaign material in question at approximately the time it was seen by Healy. Salter stated she was instructed by Smith to make sure each employee at the North Rush location got the campaign material. She stated that, as she saw employees, she instructed them to take the campaign material and when she went off duty at 4:00 p.m., she instructed the incoming cashier to do the same. Salter said the material stayed on the table in the work area about five to seven days, being distributed in that manner. She said that one day just recently, she arrived at work and all the material was gone except for a couple of stickers and now they are gone also. She did not know what happened to the material. Salter was surprised to learn that such campaigning during work hours was a violation of the Rules since she stated this was how they always got material to the members.
Based on the foregoing, we GRANT the protest. The conduct of business agent Smith and the employees at Standard Parking amounted to campaigning by the Hoffa slate during work time and in a work area over the course of several days, in violation of Article VII, Section 11(a) and Article XI, Section 1(b)(2) of the Rules.
Remedy
When the Rules have been violated, the Election Administrator "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator considers the nature and seriousness of the violation, as well as its potential for interfering with the election process.
We order Local 727 to post the notice attached hereto at its bulletin boards at each worksite at which Local 727 employees are employed. See Franken, 2001 EAD 457 (September 18, 2001) and cases cited therein. The notice shall be posted by September 24, 2001 and shall remain posted for 30 days thereafter.
To level the playing field, we order the Hoffa slate to pay the full costs of a one-page campaign mailing by the Leedham slate to each IBT member employed at the Standard Parking Chicago facility. We also order both the Hoffa slate and Local 727 to cease and desist from any further Rules violation.
An order of the Election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73 (February 13, 1996).
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 460
NOTICE TO ALL MEMBERS OF LOCAL 727
The Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") prohibit campaigning by candidates or their supporters during work time and in work areas.
The Election Administrator has concluded that a Local 727 business agent and supporters of the Hoffa Unity slate improperly distributed Hoffa slate campaign materials at the Chicago facility of APCOA/Standard Parking in violation of the Rules.
The Election Administrator will not permit any such violation of the Rules.
The Election Administrator has ordered the Hoffa slate and Local 727 to cease and desist from violating the Rules and has ordered other relief.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rules should be filed with William A. Wertheimer, Jr., Office of the Election Administrator, 727 Fifteenth Street, NW, Washington DC 20005, telephone 800-565-VOTE, fax (202) 454-1501.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
This is an official notice and must remain posted for thirty (30) consecutive days from the day of initial posting, and must not be altered, defaced or covered by any other material.
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
Hoffa Unity Slate
Todd Thompson
209 Pennsylvania Ave. SE
Washington, DC 20003
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
David C. Healy
631 South Stone Avenue
LaGrange, IL 60525
IBT Local 727
5940 West Montrose Ave.
Chicago, IL 60634