IN RE: JIM NETTLETON AND GEORGE SAAVEDRA,
Protest Decision 2001 EAD 534
Issued: October 31, 2001
OEA Case Nos. PR101711WE and PR102911WE
Jim Nettleton, a member of Local Union 174, and George Saavedra, a member of Local 490 and an International officer candidate on the Tom Leedham Rank and File Power slate ("Leedham slate") filed pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") against United Parcel Service ("UPS") and, with respect to the Saavedra protest, against the Hoffa Unity slate ("Hoffa slate"). The protests allege that UPS improperly interfered with the International officer election by encouraging IBT members to vote in that election and, says Saavedra, by doing so to aid the Hoffa slate.
Election Administrator representative Michael Nicholson investigated the protests.
Findings of Fact and Analysis
On October 10, 2001, UPS Corporate Communications official Tom McGowan distributed a "Management Background and Prework Communication Meeting (PCM)" outline regarding the mailing of ballots to eligible voters in the IBT International officer election. It is the practice of UPS management to hold frequent and regular pre-work meetings with hourly employees at all UPS facilities. PCM communications are sent to management representatives to provide direction as to the content of such pre-work meetings. The recipients of this PCM outline and its covering memorandum and management background paper were "U.S. Region and District Human Resource Managers," with copies to the Management Committee, Corporate Department Managers, U.S. Region and District Managers, U.S. Region and District Labor Relations and Employee Relations Managers and U.S. Region and District Communications staff.
The October 10 PCM covering memo states that the outline "should be presented to all Teamster-represented employees next week." The memo instructs its management recipients to "distribute these materials to appropriate department, division and center managers."
The materials inform UPS management recipients that they should remain neutral in the IBT election and that the "National Labor Relations Act forbids any interference by the company in internal union affairs." The materials note that "[w]ith the exception of encouraging members to exercise their right to vote, UPS management people should not participate in discussion with employees about the Teamsters election. This includes offering 'off the record' or personal opinions. As a company, UPS has no position regarding the individual candidates or the election in general." All management personnel are instructed to conform to these guidelines and to so respond if approached by any IBT member about the election. Management representatives are also instructed to direct any inquiries from employees who do not receive a ballot to the union.
The outline for presentation to IBT-represented UPS employees is similar. It states that these employees are to be told in PCM meetings that the IBT has begun its election by mailing ballots to the homes of eligible members, that the offices to be filled are "General President, International Vice Presidents and Trustees," that if an employee does not receive a ballot s/he should contact a steward or business agent, and that ballots are scheduled to be counted in mid-November. Employees were also to be told of UPS's neutrality in the election, and that UPS encourages all to vote "to ensure that their voices are heard."
McGowan told our investigator that he originated the idea for this communication. He said his purpose was two-fold: to remind management to remain neutral and to remind employees of the election. He communicated his idea in this regard to corporate counsel before proceeding. Corporate labor relations also had pre-knowledge of the communication.
McGowan said that no similar communication to employees was generated by UPS management in prior IBT International officer elections. When asked why, he stated that it simply had not been thought of. When asked why the PCM communication told management to tell employees to contact their steward or business agent if they had not received a ballot, rather than the Election Administrator, McGowan stated that he was not aware of the process for receipt of a replacement ballot from the Election Administrator.
McGowan and UPS both stated that this communications effort was not discussed with any representative of the IBT (which the IBT confirmed) or of any candidate.
Saavedra alleges that the UPS communication is an improper employer contribution to the Hoffa slate, since "UPS management is known to favor Hoffa...," and because management's advice to workers not receiving ballots to contact their steward or business agent is likely to result in a political slant towards the Hoffa slate in the receipt of duplicate ballots since "[a]pproximately 90% of BA's are for Hoffa and can 'deep six' requests for duplicate ballots or gain access to info about who is making the request…"
We DENY the protest. There is no evidence that the UPS communication had as a purpose or object to influence positively or negatively the election of any slate or International officer candidate. Nor can we conclude that the communication has the foreseeable effect of doing so, since there is no evidence that increased turnout at UPS will favor one candidate or slate over another. With regard to Saavedra's claim that duplicate ballots will be sent out primarily to Hoffa supporters due to actions of allegedly politically motivated business agents, we note that business agents may not request that a duplicate ballot be sent to any voter. Only voters may make such requests, and only for themselves alone. See Leedham Slate, 2001 EAD 527 (October 26, 2001), appeal pending.
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 534
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
3060 Penobscot Building
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
Jim Nettleton
IBT Local 174
553 John Street
Seattle, WA 98109
George Saavedra
845 Thetford Place
Fairfield, CA 94533
Gary Tocci
Kim Kaplan
Schnader, Harrison, Segal & Lewis
Suite 3600
1600 Market St.
Philadelphia, PA 19103
Lindsay Marshall
UPS, Inc. Legal Department
55 Glenlake Parkway NE
Atlanta, GA 30328