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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: DOUGLAS HENDERSON
Protest Decision 2001 EAD 548
Issued: November 8, 2001
OEA Case No. PR101914WE

Douglas Henderson, a member of Local 760, 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 the Tom Leedham Rank and File Power slate ("Leedham slate"), Leedham slate members Maria Martinez and Robert Hasegawa, and the Evergreen chapter of Teamsters for a Democratic Union. He alleges improper campaigning inside several employer facilities, in violation of the Rules.

Election Administrator representative Jeffrey Ellison investigated the protest.

Findings of Fact and Analysis

The protestor claims that debate videotapes and flyers promoting the Leedham slate were found inside employer facilities at CSX/Sea-Land, USF Reddaway, two City of Bremerton facilities, a UPS facility in Bremerton, and Gai's Bakery. The protestor alleges the respondents "engaged in blatant and massive violations of election rules by campaigning inside employer premises."

Each of the respondents denies campaigning inside the employer facilities identified here.

Investigation shows that Leedham slate and TDU volunteers wrapped videotapes in partisan flyers and distributed them in boxes to activists, together with an advisory concerning access to employee parking lots permitted under Article VII, Section 11(e) of the Rules. At the employers identified in the protest, tapes were observed inside the facilities, in lunchrooms or break rooms where IBT members might encounter them. However, except for one location, the protestor could not identify and the investigation did not otherwise reveal whether the tapes were brought into an identified facility by an employee or non-employee.

The exception occurred at the City of Bremerton Public Works. Steward Mary Ellen Babbitt told our investigator that the tapes were delivered to the facility by a non-employee she believed was named Tom McArthur. She said McArthur entered the lobby of her building, otherwise open to and frequented by the public, carrying a box of the tapes. He spoke with a member of management, who called her to the scene. McArthur told her he was delivering debate videotapes for Teamsters employed there. He handed to her and she accepted a box of some 45 to 50 tapes, each wrapped in a Leedham slate flyer. She returned to her desk and examined the contents of the box. Soon thereafter, she received a telephone call from the lobby receptionist at the nearby City of Bremerton Parks office, who told her a man had just left there after dropping off about 15 tapes. Babbitt decided to place the tapes where Teamsters could obtain them, so she took them to the lunchroom of her facility and left them there. Before doing so, however, she removed the partisan flyer from each tape. She instructed the Parks secretary to do likewise.

The Rules protect employee members' rights to campaign in non-work areas on non-work time in their own facilities. The Rules also protect non-employee members' pre-existing rights to campaign inside employer facilities.

We DENY this protest. For all the employers but one, there is insufficient evidence to establish that the person(s) who brought the tapes into the identified facilities were non-employees with no preexisting right to campaign there.

The delivery of tapes to the City of Bremerton facilities also complies with the Rules. In each instance, the non-employee campaigner met with a person who controlled or secured the entryway, stated that his purpose was to deliver campaign material, and was allowed to do so. For the reasons we stated in Zimmerman, 2001 EAD 542 (November 6, 2001), such conduct is permitted by the Rules.

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 548

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

 

Douglas Henderson

8639 11th Avenue SW

Seattle, WA 98106

 

IBT Local 760

1211 West Lincoln Avenue

Yakima, WA 98902

 

IBT Local 741

552 Denny Way

Seattle, WA 98109

 

CSZ/Sea-Land

Lori Rearick

Human Resource Manager

1675 Lincoln Avenue

Suite 300

Tacoma, WA 98421

 

IBT Local 174

553 John Street

Seattle, WA 98109

 

USF Reddaway

Human Resource Manager

16277 SE 130th Avenue

Clakamas, OR 97015

 

IBT Local 227

552 Denny Way

Seattle, WA 98109

 

Gai's Bakery

Ellis Johnson

Human Resource Manager

2006 South Weller Street

Seattle, WA 98144

 

City of Bremerton Public Works

Engineering Department

Human Resource Manager

239 4th Street

Bremerton, WA 98337

 

Bob Hasegawa

3121 16th Avenue South

Seattle, WA 98144

 

Maria Martinez

IBT Local 556

1750 Portland Street

Walla Walla, WA 99363

 

Teamsters for a Democratic Union

7437 Michigan Avenue

Detroit, MI 48210

 

Teamsters for a Democratic Union

Evergreen Chapter

P.O. Box 1837

Woodinville, WA 98072

 

Lindsay Marshall

UPS, Inc. Legal Department

55 Glenlake Parkway NE

Atlanta, GA 30328

 

Gary Tocci

Kim Kaplan

Jon Nadler

Schnader, Harrison, Segal & Lewis

Suite 3600

1600 Market Street

Philadelphia, PA 19103

 

Jeffrey Ellison

65 Cadillac Square

Suite 3727

Detroit, MI 48226