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Office of the Election Supervisor for the International Brotherhood of Teamsters

T.C. BUNDRANT, Protestor
05 Elec. App. 004 (KC)


This matter is an appeal from the Election Administrator's decision 2005 ESD 19 issued October 25, 2005.

A hearing was held before me on November 3, 2005. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq. on behalf of the Election Supervisor; Steven R. Newmark, Esq., for the Office of the Election Supervisor, Ricky Maxwell, Secretary Treasurer of Teamsters Local 28, Ann Curry Thompson, Esq. on behalf of T.C. Bundrant, Barbara Harvey, Esq. on behalf of T.C. Bundrant and Bradley T. Raymond, Esq. on behalf of the IBT.

T.C. Bundrant, the principal officer of Local 549 has complained to the Election Supervisor that IBT International Representative Ricky Maxwell facilitated the transfer out of Bundrant's Local of a significant number of the Local's members in retaliation for Bundrant's political opposition to the incumbent leadership of the IBT.

It is undisputed that Local 71 President Ted Russell told Bundrant that he had been given permission by Maxwell and IBT International Vice President Fred Gegare to sign up members of Local 549. It is further undisputed that Maxwell himself told Bundrant when asked by Bundrant why Maxwell was interfering in Bundrant's local, that it was because Bundrant had interfered in Maxwell's local by campaigning for the insurgent Leedham Slate in 2001. Election Supervisor's Decision, at 6, 8.

I find completely convincing the Election Supervisor's factual findings and conclusions that a) collective bargaining agreements with Land-O-Sun Dairies, Inc. and b) purported justifications for the Local 549 personnel transfers undertaken by Gegare and Maxwell do not in any way justify as non-retaliatory conduct the actions taken against Bundrant and his Local.

As noted, it is undisputed that Maxwell admitted that his "interference " with Bundrant's Local was connected to 2001 political activity by Bundrant. That, in itself, establishes both current political motivation and current political animus.

Much ink has been spilled by the parties on the question of whether Maxwell (and Gegare) in fact knew of Bundrant's actual insurgent candidacy in the current election cycle. In light of Maxwell's long memory of the 2001 campaign incident, the linkage he provided to the present 2005-06 election cycle, and his explicit statement that the present raid on Bundrant's membership was political payback for Bundrant's espousal of insurgent politics, and, most importantly, the bogus nature of the three purported non-retaliatory excuses given for the raid on Bundrant's membership, I find that the Election Supervisor properly inferred that Maxwell knew of Bundrant's status as a candidate for International office in the 2005-2006 election cycle, and that the adverse action taken against him and his Local was taken in retaliation for that candidacy.

Ms. Thompson and Ms. Harvey have filed supplemental letters distinguishing Pope, 2000 EAD 39, rev'd in part and aff'd in part, 2000 EAM 11. Their arguments are convincing. I conclude as a second rationale for the finding herein that because retaliation for past International Union election activity is a violation of free speech and association rights under the LMRDA, and the Rules incorporate the applicable LMRDA provisions, the 2006 Rules are violated by current retaliation motivated wholly or partly by internal union political activity in earlier years.

Accordingly, the decision of the Election Supervisor is in all respects affirmed.


Kenneth Conboy
Election Appeals Master

Dated: November 15, 2005