IN RE: BRIAN HUGGARD,
Protest Decision 2001 EAD 538
Issued: November 2, 2001
OEA Case No. PR101912NE
Brian Huggard, a member of Local 804, 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"). He alleges that he has received anonymous harassment and threats due to his support for General President candidate Tom Leedham.
Election Administrator representative Dolores Hall investigated the protest.
Findings of Fact and Analysis
Our investigation revealed that Huggard, a UPS employee at its Maspeth, Queens facility in New York, has been the subject of harassment and anonymous threats due to his support for Leedham.
On October 18, 2001, at approximately 9:00 p.m., Huggard found a flier taped to the door of his locker containing a picture of Local 804 President Howard Redmond and the following note: "Hey Brian, how is the Camp Leedham thing going? Spoke to the mighty Hoffa about you. He said you will be dealt with just like his old man was, watch your back you no good union-buster. Hope you like the picture. It is my good side. P.S. In my busy schedule working hard for all my union brothers and sisters, I found time to have my picture taken. If you throw one dart at it, I will come right down there myself and kick your ass. Howie Redmond." This posting on Huggard's locker is harassment and a threat of retaliation in violation of Article VII, Section 11(g) of the Rules.
Upon finding the note, Huggard immediately contacted UPS loss prevention manager Vince Williams. UPS night manager Mike Marano said he heard Huggard "ranting and raving" and went to see what was the matter. Marano says Huggard wanted to call enforcement authorities in and that he advised him that UPS loss prevention was involved and they would not bring in any outside parties until they found out what the situation was. Williams took pictures of the flier taped to the door and he and Huggard went into his office to complete the report. Huggard stated that Williams told him that, if he called the police, they would view the matter as an incident only and no big investigation would take place. Huggard acknowledged that he had not informed UPS management of previous incidents of harassment he says he has suffered. Huggard says those incidents included other materials taped to his locker door, as well as the defacement of his vehicle and other incidents. He received an apology for some of these past incidents.
Huggard says he considers all of his co-workers to be friends and would not want any of them to get into trouble over this protest. For this reason, he refused to identify anyone he believes to be involved in either the most recent or any past incidents. He acknowledges that a lot of joking goes on at work, but wants his co-workers to stop the escalation of the joking "before something bad happens."
Huggard does not believe Redmond is involved in the posting of the flier that is the subject of this protest and Redmond denies any knowledge of it. Redmond indicated surprise that Huggard would "make a big deal" about the flier because he stated that the ticket Huggard supported in the local union officer election, which opposed Redmond, put out much worse material about him.
Several feeder drivers at the Maspeth facility were interviewed. Most of the individuals interviewed suggested that they knew who the perpetrator is, but refused to identify the individual. Most of the individuals interviewed stated the reason for the harassment was "not because of the election itself," but rather because Huggard is so passionate in his support of Leedham.
To the extent the protest alleges misconduct by UPS, we DENY it, because there is no evidence that the posting of the flyer that is the subject of this protest was caused or condoned by UPS.
For his part, Huggard has a duty to identify those who he believes are the perpetrators of the improper harassment, but has not done so out of loyalty to his co-workers, even those who are his political adversaries. Given this, we cannot find that any IBT member has violated Article VII, Section 11(g). Nevertheless, we GRANT the protest and find that the anonymous posting in violation of Article VII, Section 11(g) requires that the attached notice be posted on all union bulletin boards at the Maspeth facility beginning November 6, 2001 and until November 30, 2001.
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 538
NOTICE TO ALL LOCAL UNION 804 MEMBERS
A member of Local 804 employed at the UPS Maspeth facility has been the subject of anonymous harassment and threats of retaliation because the member has exercised his right to support a candidate in the election of International Officers guaranteed under the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Harassment and threats of retaliation have no part in the democratic process and are forbidden by the Rules.
Out of loyalty to his co-workers, the member has refused to identify those he believes are responsible for these acts, which constitute a serious violation of the Rules.
No one may threaten, coerce, harass or otherwise retaliate or take any other adverse action against this member or any other IBT member because of their support for a particular candidate, or their lack of support of a candidate. The Election Administrator will not tolerate such behavior, and has the right under the Rules to compel the testimony of IBT members under oath to determine those responsible for such acts if they recur, and to take action against any guilty party.
Any attempt to interfere or retaliate against any IBT member because of their political activity in connection with the International Officer election should be reported to William A. Wertheimer, Jr., Election Administrator, at 727 Fifteenth Street, NW, 10th floor, Washington, D.C. 20005; (202) 454-1500.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
This is an official notice which must remain posted until November 30, 2001 and must not be defaced or altered in any manner or be covered with 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
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 Lane
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
IBT Local 804
34-21 Review Avenue
Long Island City, NY 11101
Lindsay Marshall
UPS, Inc. Legal Department
55 Glenlake Pkwy. NE
Atlanta, GA 30328
Kim Kaplan
Gary Tocci
Schnader, Harrison, Segal & Lewis
Suite 3600
1600 Market St.
Philadelphia, PA 19103
Dolores Hall
1000 Belmont Place
Metairie, LA 70001
Brian Huggard
21-76 Steinway Street
Astoria, NY 11105