IN RE: RON BROWN, Protestor.
Protest Decision 2006 ESD 113
Issued: February 27, 2006
OES Case No. P-06-133-020906-AT
(See also Election Appeals Master decision 06 EAM 12)
Ron Brown, 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"). Brown alleged that Local Union 639 business agent Larry Hawkins went to the District of Columbia Public Schools 5th Street bus terminal to post "Results of the Nomination Meeting Notices" and then stayed to campaign while on work time. Brown alleged that Hawkins had school bus drivers sign a petition supporting the Members United slate while he was at the terminal.
Election Supervisor representative J. Griffin Morgan investigated this protest.
Findings of Fact
Business agent Hawkins represents employees of the D.C. Public Schools, including bus drivers, cafeteria workers and custodians. Hawkins denies that he campaigned while on work time. Hawkins stated that he posted the referenced notices during the week of January 23, 2006, immediately after the January 22 nomination meeting and a week before this protest was filed.
Hawkins stated that he had the bus drivers sign the petition supporting the Members United slate on Friday, February 3, while he was on vacation. He supplied a Local 639 Absence Report documenting that he took vacation from February 3 through 10.
Hawkins described his first day of vacation, February 3, by stating that he campaigned from approximately 7:00 a.m. to about 1:00 p.m. He went to several schools to campaign, including Ron Brown, Woodson and Merritt. He also went to the 5th Street school bus terminal. Hawkins campaigned inside the school buildings. He stated that he had to sign into each school and go past a security guard. He said that depending on the school, he would either be directed to the office or allowed to go to the cafeteria without stopping in the office. Hawkins said that on February 3, he spoke with cafeteria workers in several school cafeterias and with custodians in the hallways. He stated that sometimes the employees were on their breaks when he arrived at the cafeteria. He would see the custodians working when he walked down the hall.
Regarding the 5th Street terminal, Hawkins stated that he just walked in and no one stopped him. He walked onto a school bus where 6 or 7 drivers were on break and asked them to sign the petition. He left after he spoke with the drivers on the bus. He says he was there less than 15 minutes.
Two bus drivers, Beverly Johnson and Michael Turner, stated that Hawkins came on the bus parked in the terminal yard and asked for the support of the members on the bus. He asked them to sign a petition pledging support to the Members United slate. Johnson and Turner said Hawkins did not stay long and they did not see him speak to other employees. They also estimate that Hawkins was at the terminal for about 15 minutes.
Helen Moye, a cafeteria employee at Merritt School, states that at her school, as well as every D.C Public School, there is a security guard to limit access to the school. To enter the school an individual must ring a buzzer and be let in by the guard. The individual must sign in to gain entry. She states that Hawkins spoke with her and had her sign the petition during her work time.
Eunice Gross works at Ron Brown Middle School in the cafeteria. She confirmed that there is a security guard at her school and that a person must sign in. She stated that Hawkins met her in her work area while she was working and had her sign the petition.
Hawkins claims that he did not use his status as a business agent for Local Union 639 to gain entry to any of the schools or the bus terminal. He states that any individual, including non-business agents that wanted to campaign inside the school buildings, could do so by showing identification to the security guard and signing in.
Hawkins' claim is disputed by the administration of Ron H. Brown Middle School. The school requires an individual who signs in with the security guard to come to the office. If that person has legitimate business with a school employee, the employee is paged to the office. Persons unknown to the school are not allowed to go to the cafeteria or otherwise walk the halls of the school.
Analysis
The use of union position to gain access to restricted areas is an expenditure of union funds and violates Title IV, section 401(g) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 481(g) (1982). Dole v. Local 226 Hotel and Restaurant Employees Union, 718 F.Supp. 1479, 1483 (1989). A violation of LMRDA Section 401 (g) is a violation the Rules. Rules, Article XII. See also, Milligan, 2001 EAD 156 (February 12, 2001) (violation to use union office to gain access to employer premises).
The D.C. Public Schools have restricted access as evidenced by the use of security guards, door buzzers and sign-in procedures. The hallways and cafeterias of these schools are not accessible to any union member wishing to campaign. Indeed, the D.C. Public Schools' security policy bars access to those with no school business. Hawkins, however, gained access to restricted areas by virtue of his union position. Hawkins therefore used his union position improperly to conduct campaign activity.
Accordingly, we GRANT this protest.
Remedy
When the Election Supervisor determines that the Rules have been violated, he "may take whatever remedial action is deemed appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process.
We order Hawkins to cease and desist from using his union position to gain access to employer premises to campaign. We further order Hawkins to sign the attached Notice and post it on all union bulletin boards at employers where he has responsibility as a business agent for a period of thirty consecutive days; Hawkins must complete the posting within two (2) business days of receipt of this decision.
A decision of the Election Supervisor takes immediate effect unless stayed. Lopez, 96 EAM 73 (February 13, 1996).
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
885 Third Avenue, Suite 1000
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 113
NOTICE TO TEAMSTER MEMBERS FROM
LARRY HAWKINS, BUSINESS AGENT OF LU 639
The Election Supervisor has found that I violated the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules") by using my position as business agent with the local union to gain access to restricted employer facilities at District of Columbia Public Schools to campaign. The Rules prohibit using a union position to support or conduct campaign activity. The Election Supervisor has ordered me not to use my union position to conduct campaign activity, and to sign this Notice and post it on all Union bulletin boards I service as a business agent.
The Rules protect the right of all IBT members to run for delegate, alternate delegate and International office and to support candidates of their own choosing for those offices. The Rules prohibit use of union position to support or oppose any such candidates.
The Election Supervisor will not permit any such improper campaign activity.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rules should be filed with Richard W. Mark, Election Supervisor, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, telephone: 888-IBT-2006, fax: 202-454-1501, email: electionsupervisor@ibtvote.org.
_______________________________________
Larry Hawkins
Business Agent, IBT Local Union 639
This notice has been approved by Election Supervisor Richard W. Mark and must remain posted for thirty (30) consecutive days.
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
Ronald Brown
6802 Seat Pleasant Drive #102
Capitol Heights, MD 20743
starevent@verizon.net
Michael Turner
8308 Carrollton Parkway
New Carrollton, MD 20784
Larry Hawkins
6001 Kirby Road
Clinton, MD 20735
Beverly Johnson
3004 Kirkland Avenue
Forestville, MD 20747
Thomas Ratliff, President
Local 639
3100 Ames Place, N.E.
Washington, DC 20018
D.C. Public Schools
825 North Capitol Street, N.E.
Washington, DC 20002
J. Griffin "Griff" Morgan
Elliot, Pishko, Morgan
426 Old Salem Road
Winston-Salem, NC 27101
jgmorgan@epmlaw.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com