IN RE: JOE BUSTOS, Protestor.
Protest Decision 2006 ESD 177
Issued: April 10, 2006
OES Case No. P-06-192-022806-SO
Joe Bustos, a member and delegate candidate of Local Union 988, 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 the 988 Delegates slate used an automatic phone system for campaign purposes and that Local Union 988 business agent Alan Polk campaigned on time paid by the union, in violation of the Rules.
Election Supervisor representative Dolores Hall investigated this protest.
Findings of Fact
The protest alleged that candidates of the 988 Delegates slate used a sophisticated automated phone system to place recorded campaign calls to members of the local union on behalf of the slate. The protest contends that no equal access to the phone system, the local union's phone equipment, or members' phone numbers provided to other candidates.
Investigation showed that the local union did not supply telephone numbers, telephone equipment, or the automated phone system to the 988 Delegates slate. Rather, the telephone numbers were supplied by the Hoffa campaign to the automated phone company it hired to place the calls.
The protest also alleged that business agent Alan Polk campaigned for the 988 Delegates slate on February 27, 2006 at the UPS Sweetwater facility while on work time paid for by Local 988.
Polk is a salaried employee of the local union and has no set hours. According to him, he sometimes works 60 hours in a week. When he is in the office, his office hours are 8:30 a.m. to 5:30 p.m.
Polk provided a statement accounting for his time during the week of February 27, and a receipt for gas purchased with his own funds on February 27. The daily activity sheet shows that Polk worked a total of 55 hours during the week in question. In particular, it showed that Polk worked more than 12 hours on February 27, after completing his campaigning at UPS Sweetwater. The gasoline receipt showed a gasoline purchase made on February 27 at 6:42 a.m.
Analysis
Our investigation showed that the Hoffa campaign hired an automated telephone to make campaign calls to the membership of Local Union 988 in support of the 988 Delegates slate. No evidence was presented that union funds or other things of value were used to make the telephone calls, and our investigation found none. Accordingly, we DENY this aspect of the protest.
In addition, we DENY the allegation that Polk campaigned on February 27 on time paid for by the union. Polk's time records account for work time well in excess of the standard 40-hour workweek during the period in question, and he has substantiated that he was in a non-work status in the early morning of February 27 when he distributed campaign literature at UPS Sweetwater. Accordingly, we find no violation on the facts presented.
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
2006ESD 177
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
Email: braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
Email: sriger@teamster.org
David Hoffa
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48334
Email: david@hoffapllc.com
Barbara Harvey
Penobscot Building, Suite 3060
645 Griswold
Detroit, MI 48226
Email: barbaraharvey@comcast.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
Email: saostrach@gmail.com
Joe Bustos
3418 Pheasant Lane
Pearland, TX 77581
Allen Polk
27 Orchid Grove Place
Conroe, TX 77385
W.C. Willie Smith, Trustee
Local Union 988
4303 N. Sam Houston E.
Houston, TX 77032
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001
Email: hall1000@cox.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com