IN RE: WAYNE WALTER,
Protest Decision 2001 EAD 525
Issued: October 25, 2001
OEA Case No. PR101611MI
Wayne Walter, a member of Local 580, 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 George Warner, secretary-treasurer of Local 580, and the Hoffa Unity slate ("Hoffa slate"). The protest alleges that Warner distributed Hoffa slate campaign literature inside the Lansing, Michigan facilities of Leaseway Auto Carriers on October 11, 2001, when there was no pre-existing right to do so, in violation of Article VII, Section 11(f) and Article XI, Section 1(b)(2) of the Rules.
Election Administrator representative Nancy Golen investigated the protest.
Findings of Fact and Analysis
Walter stated that on October 11, 2001, Warner placed Hoffa slate campaign literature was placed in drivers' "cubbyholes" (not mailboxes, as alleged in the protest) in the dispatch room at Leaseway. He claims that there is was no pre-existing right to do so, and that the Hoffa slate therefore obtained an improper contribution from Leaseway in support of such distribution.
Warner admits distributing Hoffa literature as alleged on October 11, and offered evidence substantiating that he was on vacation time from Local 580 when he did so. He says that such distribution has been allowed in the past at Leaseway. Walters admits that Leedham literature had been distributed in the same general area as the cubbyholes, although it had been left on tables in this area for drivers to pickup if they wished. Local 580 member Randy Wade confirmed this practice.
Leaseway confirmed that it has in the past allowed campaign literature to be distributed by IBT campaigners in the room in question, although there has been no written policy supporting or limiting this activity. Leaseway's attorney says that in light of the concerns and irritation voiced by drivers around this incident, it may change this position. The evidence here, however, establishes that there is a pre-existing right on the part of IBT campaigners to distribute campaign literature in the room in question, a right which is thus protected by Article VII, Section 11(d) of the Rules,and should thus continue to be honored by Leaseway.
Since the facts here establish there is a pre-existing right on the part of IBT members to distribute campaign literature in the area in question, and since there is no evidence of discrimination by Leaseway in the granting of that right, we 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 525
DISTRIBUTION LIST VIA FAX AND 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
IBT Local 580
George Warner, Secretary-Treasurer
5800 Executive Drive
Lansing, MI 48911
Leaseway Auto Carriers
Attn: Human Resources Manager
2400 W. St. Joseph Street
Lansing, MI 48917
Wayne Walter
1506 South Canal Road
Lansing, MI 48917
Nancy Golen
P.O. Box 577211
Chicago, IL 60657