IN RE: DAVID MACELLARI, Protestor.
Protest Decision 2006 ESD 262
Issued: May 22, 2006
OES Case Nos. P-06-276-050306-FW
David Macellari, a member of Local Union 174, 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 Mike Waine and Sean Brailey violated the Rules by campaigning in support the Tom Leedham slate on time paid for by the union.
Election Supervisor representative Christine M. Mrak investigated this protest.
Findings of Fact
The campaign activity at issue occurred on May 1 at 7:30 a.m. in the employee parking lot at UPS-Tukwila. Waine is a full-time organizer for the local union. Brailey is a part-time UPS employee. Both told our investigator that they campaigned on personal time.
Investigation showed that Waine's duties as organizer do not fit a uniform schedule. He is expected to work 45 hours weekly. His time records for the week of May 1 show that he campaigned from 7:00 a.m. to 8:30 a.m. on Monday, May 1, then worked as an organizer from 9:00 a.m. to 6:30 p.m. On Tuesday, May 2, he worked from 7:30 a.m. to 6:00 p.m. On May 3, he worked from 10:00 a.m. to 10:30 p.m., with a 2 hour break from 6:30 to 8:30 p.m. May 4 was a vacation day. On Friday, May 5, Waine worked from 8:00 a.m. to 4:30 p.m. In addition, he worked 4½ hours on Sunday, May 7. His work hours for the week, including his vacation day, exceeded 45 hours.
Brailey's part-time schedule was 5:30 p.m. to 10:30 p.m. In March and April 2006, Brailey was on paid union leave from his UPS job to assist in an organizing campaign at Yellow Freight. That campaign, and his paid union service, ended April 19. Accordingly, Brailey's campaigning on May 1 was on personal time.
Analysis
Article VII, Section 12(b) of the Rules provides that "officers and employees (and other members) of the Union may not campaign on time that is paid for by the Union."
We find that Waine and Brailey campaigned on personal time on May 1.
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
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 262
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
David J. Hoffa
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
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
David Macellari
2118 North 146th Street
Shoreline, WA 98133-6706
Copperdoor@msn.com
Mike Waine
475 SE Evans Lane
Issaquah, WA 98027
Sean Brailey
3818 S. Edmunds Street, #205
Seattle, WA 98118
Rick Hicks
13623 SE 267th Pl.
Kent, WA 98042
Dan Scott, Secretary-Treasurer
Teamsters Local 174
14675 Interurban Avenue S.
Suite 303
Tukwila, WA 98168-4652
Christine M. Mrak, Esq.
2357 Hobart Avenue, SW
Seattle, WA 98116
cmm@wmblaw.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com