IN RE: DAN CAMPBELL, Protestor.
Protest Decision 2006 ESD 72
Issued: February 7, 2006
OES Case No. P-06-077-011906-MW
Dan Campbell, a member of Local Union 200, 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"). The protest alleged that Tom Millonzi, an employee of Joint Council 39, campaigned for the Teamsters4Teamsters slate in the local union's delegate election on time paid for by the union in violation of the Rules.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact
The protest alleged that on January 18, 2006, Millonzi campaigned in the employee parking lot of Chem Central, a Teamster employer. Millonzi is a candidate for delegate.
Millonzi confirmed that he campaigned that day at Chem Central but stated that he took vacation time to do so. The timekeeper at the joint council confirmed that Millonzi was paid for January 18 with vacation time.
Analysis
Article VII, Section 12(b) of the Rules provides the following, 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 to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. However, such campaigning must not involve the 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.
This provision has been applied to permit campaigning by union officers and employees on break time (Caraballo, P653 (April 3, 1996)), sick leave, where banked sick time is used in lieu of banked vacation time (Sullivan, 2001 EAD 474 (September 27, 2001)), a scheduled day off (Ellison, 2001 EAD 214 (March 6, 2001)), and paid vacation time (Kleckner, 2001 EAD 262 (March 26, 2001); Bennett, 2006 ESD 70 (February 7, 2006)).
We find that Millonzi campaigned on January 18, 2006 while on paid vacation time and, accordingly, 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
2006 ESD 72
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
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
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Dan Campbell
W162 N10162 Indianwood Drive
Germantown, WI 53022
Tom Millonzi
22408 Sandy Point Drive
Wind Lake, WI 53185-2210
Fred Gegare, President
Joint Council 39
1546 Main Street
Green Bay, WI 54302
Tim Buban, Secretary-Treasurer
IBT Local Union 200
6200 W. Bluemound Road
Milwaukee, WI 53213
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com