IN RE: JOE ZABCZYNSKI,
Protest Decision 2001 EAD 486
Issued: October 3, 2001
OEA Case No. PR093012ME
Joe Zabczynski, a member of Local Union 115, 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 Georgia Scott. The protest alleges Scott defaced Leedham signs by placing Hoffa stickers over them.
Election Administrator representative Jeffrey Ellison investigated the protest.
Findings of Fact
The protest alleges that Scott, a local executive board member, placed Hoffa stickers over Leedham signs that were affixed to utility poles at the intersection of Cottman and Braus Streets near the local's hall. This activity is said to have occurred while Scott was on paid union time.
Article VII, Section 11(d) of the Rules protects "candidates' [and] members' preexisting rights to use employer or Union bulletin boards for campaign publicity." In Nefferdorf, 2001 EAD 447 (September 12, 2001), appeal pending, we held that an employer, prompted by Local 115 stewards, had violated this provision by removing partisan campaign material from a general posting area adjacent to an employee time clock. We ordered the employer and the local to cease and desist from interfering with posting rights.
Here, however, the campaign postings allegedly defaced were on public utility poles. Posting at such locations does not enjoy the protection of Article VII, Section 11(d). In Black, 2001 EAD 331 (May 1, 2001), we held:
The Rules neither protect nor prohibit posting campaign materials on public utility poles or public signs alongside public streets or sidewalks. Meadows, P877 (August 27, 1996), citing Braga, P795 (June 19, 1996). As such, individuals do not have a right under the Rules to affix campaign stickers to such objects. Equally, individuals who remove or deface campaign stickers posted on such objects do not violate the Rules.
Accordingly, we DENY as lacking merit the allegation that Scott, if she defaced the campaign literature, impermissibly interfered with members' campaign rights.
Concerning the allegation that Scott, if she altered the campaign material, did so on paid union time, Scott is not employed by the local. Instead, she is an unpaid trustee of the local. In particular, on the date and time in question, she was not performing any services for and was not compensated by the local. Accordingly, we DENY the allegation that she campaigned on union paid time.
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 486
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
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11271
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
Joe Zabczynski
2321 Rhawn Street
Philadelphia, PA 19152
IBT Local 115
2833 Cottman Avenue
Philadelphia, PA 19149
Georgia Scott
IBT Local 115
2833 Cottman Avenue
Philadelphia, PA 19149
Susan Boyle
Baptiste & Wilder, P.C.
Suite 500
1150 Connecticut Ave. NW
Washington, DC 20036
Jeffrey Ellison
65 Cadillac Square
Suite 3727
Detroit, MI 48226