IN RE: ARDEN D'AMICO, Protestor.
Protest Decision 2005 ESD 37
Issued: December 20, 2005
OES Case No. P-05-036-112805-AT
Arden D'Amico, a member of Local Union 639, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). He alleged that D.F. "Buddy" Robson, business agent of Local 639, campaigned on union-paid time, in violation of the Rules.
Election Supervisor representative J. Griffin Morgan investigated this protest.
Findings of Fact
The protest alleged that, on November 21 from 8:53 to 9:25 a.m., Robson, while on union-paid time, assisted Leedham supporters in collecting accreditation signatures and distributing campaign literature at a UPS facility in Laurel, Maryland.
Investigation showed that when he arrived for work, protestor D'Amico observed Robson standing outside the guard shack near Local 639 member Matt Latso and an unidentified older man. Both Latso and the older man were soliciting signatures on accreditation petitions for the Leedham campaign. The older man asked D'Amico to sign; D'Amico declined. As he passed Robson, D'Amico told him, "Buddy, I am really disappointed you are hanging out with these guys." D'Amico and Robson then spoke for several minutes about pending grievance matters; Robson did not address D'Amico's statement that he was "hanging out with" the Leedham campaigners.
D'Amico did not observe Robson solicit signatures, distribute literature or engage in any other campaign activity, and Robson denied doing so.
Robson told our investigator that he arrived at the facility at 5:30 a.m. for a local level grievance hearing, which lasted until approximately 7 a.m. From that time until about 8:45 a.m., Robson visited several centers in the facility to speak with members and stewards about pending issues. Robson stated he exited the secure area at about 8:50. Once outside, he saw two individuals he did not immediately recognize; they held clipboards and pens and were staffing a card table. When Latso, one of the two individuals, addressed him, Robson recognized Latso as a member of the local. Latso inquired about Robson's health as, the previous month, Robson had collapsed at the local union hall and was conveyed by ambulance to the hospital. Subsequent treatment included a 12-day hospitalization.
Robson and Latso discussed Robson's treatment and ongoing physical limitations. The discussion then turned to the local's health and welfare plan and its financial condition and concluded after some twenty minutes.
Latso agrees that Robson did not solicit signatures or otherwise campaign during the time he spent speaking with Latso.
Analysis
Article VII, Section 11(b) of the Rules states, in relevant part:
All Union officers and employees, if members, retain the right to participate in campaign activities, including the right to run for office, openly support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. However, such campaigning must not involve expenditure of Union funds. Accordingly, officers and employees (and other members) of the Union may not campaign on time that is paid for by the Union. Campaigning incidental to regular Union business is not, however, violative of this section. Further, campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not violative of this section.
Our investigation demonstrates that Buddy Robson did not engage in campaign activity on union-paid time as alleged by the protest. Accordingly, we DENY this 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 Supervisor 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 the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2005 ESD 37
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Patrick J. Szymanski, Esq.
General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
Email: pszymanski@teamster.org
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334-1567
Email: braymond@fwslaw.com
Barbara Harvey, Esq
Penobscot Building, Suite 3060
645 Griswold
Detroit, MI 48226
Email: barbaraharvey@comcast.net
David Hoffa
c/o Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48334
Email: david@hoffapllc.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
Email: jchomsky@igc.org
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
Email: saostrach@gmail.com
Arden D'Amico
1905 Narrows Lane
Silver Springs, MD 20906
D.F. "Buddy" Robson, Business Agent
Teamsters Local Union 639
3100 Ames Place, N.E.
Washington, D.C. 20018
John Gibson, Secretary-Treasurer
Teamsters Local Union 639
3100 Ames Place, N.E.
Washington, D.C. 20018
J. Griffin Morgan.
Elliot, Pishko, Gelbin & Morgan
500 West Fourth Street
Winston-Salem, NC 27120
jgmorgan@epgm.com
Jeffrey J. Ellison
510 Highland Avenue, #325
Milford, MI 48381
Email: EllisonEsq@aol.com