IN RE: RICHARD DE VRIES,
Protest Decision 2001 EAD 491
Issued: October 3, 2001
OEA Case No. PR100112MW
Local 705 member Richard de Vries 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"). De Vries alleges that Local 705 has altered its former policy requiring members to take vacation time if they wish to campaign during work hours but has only selectively informed Local 705 employees of the change.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
De Vries alleges that in past elections, Local 705 has required employees, including business representatives, to "apply in advance for vacation time if they wished to campaign." According to de Vries, Local 705 now allows its employees to take personal leave to campaign and does not require advance notice of an impending absence.
As evidence of the policy change, de Vries submits a copy of a time sheet from September 27, 2001 showing that Local 705 employees Tom Nightwine and Mark Postilion took "4-Hours Personal" time that day. De Vries asserts that business representative Dan Campbell has received different treatment because he was not informed about the policy change and has been required to take vacation to campaign on October 15 and 16.
Local 705 counters that de Vries is correct about the local's former policy but incorrect in alleging any change to it. Specifically, Local 705 confirmed that any employee wishing to campaign during work hours must take vacation time, not personal time, and must inform the local union of the planned absence at least one day in advance. Katina Barnett of Local 705 has provided evidence of requests from Postilion and Nightwine submitted September 26 requesting four hours of personal leave on September 27. Barnett explained that the business representative taking calls the morning of September 27 probably focused on whether people would be in the office that day and did not pay much attention to the distinction between personal leave and vacation when he wrote "4-Hours Personal."
Our investigator has left messages with the protestor but has been unable to contact him. Campbell, the business representative whom the protestor alleges was not informed of the policy change, confirmed that it is certainly possible that a business representative might write "Personal" instead of "Vacation" on a time sheet, even if the absent employee was taking vacation time. Campbell also said that he had no knowledge whether Nightwine or Postilion had requested vacation or personal time to campaign.
We find that Local 705 has not changed its policy, which continues to require employees wishing to campaign during work hours to use vacation time and to notify the local in advance of any such impending absence.
We, therefore, 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 491
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Patrick Szymanski
IBT General Counsel
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Bradley T. Raymond
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Korney & Heldt
30700 Telegraph Road
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Penobscot Building
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Betty Grdina
Yablonski, Both & Edelman
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Tom Leedham c/o Stefan Ostrach
110 Mayfair
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Todd Thompson
209 Pennsylvania Ave. SE
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Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
IBT Local 705
1645 W. Jackson Blvd.
Chicago, IL 60612
Richard de Vries
1852 South Allport Street
Chicago, IL 60608
Dan Campbell
IBT Local 705
1645 W. Jackson Blvd.
Chicago, IL 60612
Tom Nightwine
5007 North Mango
Chicago, IL 60630
Mark Postilion
1034 Pheasant Ridge Drive
Lake Zurich, IL 60047
David Thornsberry
10403 Truman Way
Louisville, KY 40299