IN RE: MIKE WEBB, Protestor.
Protest Decision 2011 ESD 85
Issued: January 26, 2011
OES Case No. P-073-011111-AT
Mike Webb, member of Local Union 391 and candidate for delegate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that the local union permitted campaigning at the January 8, 2011 general membership meeting, in violation of the Rules.
Election Supervisor representatives J. Griffin Morgan and Maureen Geraghty investigated this protest.
Findings of Fact
On January 8, 2011, Local Union 391 conducted its nominations meeting for delegates and alternate delegates to the IBT convention. At the nominations meeting, three slates of delegates were nominated: the Gray/Bishop Experience Team, the New Generation Slate, and the Gammon-McGaha Team 391. No independent candidates were nominated.
Gray/Bishop is led by Claude Gray, president of the local union. Protester Webb is a member of New Generation. Gammon-McGaha Team 391 is led by Vernon Gammon, secretary-treasurer of the local union. Chip Roth is a local union business agent responsible for servicing members at the UPS Greensboro facility. He supports Gammon-McGaha.
The January 8 general membership meeting immediately preceded the nominations meeting; as president, Gray chaired the general membership meeting. The membership meeting lasted approximately two hours during which many members spoke from the floor. Much floor discussion and debate focused on dissatisfaction from public school employees that local union organizers Rachel Wells and JoCarolyn Wilkins might be laid off; Wells and Wilkins work closely with public school employees. Additional discussion and debate centered on dissatisfaction expressed by UPS Greensboro employees with the representation they had received from the local union and their business agent, Roth. Gray generally permitted members to express their opinions, including opinions critical of him. On several occasions, he requested that members refrain from political comments that could be construed as campaigning.
A few days before the membership meeting, the Gammon-McGaha slate mailed campaign literature to local union members employed at UPS Greensboro. Some of the information in that literature concerned dates of grievance hearings at the Greensboro facility. At the ensuing membership meeting, UPS Greensboro member Terry Wendroth rose to question the accuracy of that information. Protestor Webb contends that following exchange constituted campaigning during a local union meeting in violation of the Rules, viz.
Wendroth: "I am not sure if it is politics,but I have this letter."
Chairman Gray: "I would ask you, please, let us leave that letter alone, please."
Wendroth: "Well, people are complaining about honesty. According to this letter, it says [business agent Roth] was able to get grievances on July 29. But, I am also informed there were local level hearings on May 10, July 7, July 8, and July 9th. So, where did that date of July 29th come in? That is four local level hearings before this date. So where is the accuracy in this statement? That is my question."
Chairman Gray: "I cannot respond. Chip is back there. Chip, there is some question regarding grievance meetings related to UPS. I do not know, but I do know I have to get this meeting wrapped up."
At this, Roth moved to the podium to address the meeting.
Roth: "What I reported to you last month [at the December membership meeting] was that July 29 was the first day the labor manager could be involved in hearings."
Wendroth: "I just got this yesterday."
Roth: "Of course other meetings happened prior to the July 29th hearing, of course."
Wendroth: "OK."
Chairman Gray: "Thank you."
Gray's actions with respect to Roth and Wendroth appeared to draw the line between permitting the exchange of information about representational activity and barring political speech about that information. Gray took the same action earlier in the meeting when another UPS Greensboro employee, Charlie Burr, attempted to speak about the Gammon/McGaha campaign literature.
Burr: "I presented the petition from UPS."
Chairman Gray: "Let us keep these comments for the general welfare and let us not be political."
Burr: "I have a letter from Vernon Gammon."
Chairman Gray: "No, it is not allowed. I will cut you off if it gets political."
Burr: [at this point, Burr questioned Mike McGaha's right to run for delegate, stating that he left the local union and is now with the International union].
Chairman Gray: [cutting Burr off] "Every member has the right to run." [Gray then called Burr out of order].
At another point during the meeting, protestor Webb spoke from the floor, referring to campaign material. Following the exchange between Burr and Gray and other member comments, Gray recognized Webb. Webb asked Gray to comment on whether McGaha and other IBT employees were permitted to receive multiple pensions and salaries. Webb stated that he heard the Central States issue was resolved and individuals were getting multiple pensions. Webb asked Gray to comment on a report that multiple IBT pensions have been fully funded and bailed out. Gray responded that he knew nothing of that and asked Webb the source of his information. Webb then stated, "I heard it from a campaign, but it was not Jimmy Hoffa's campaign and not Fred Gegare's campaign."
The protestor claimed that the exchange among Wendroth, Gray and Roth concerning UPS Greensboro constituted impermissible campaign speech during a union meeting and that it benefited both the Gray/Bishop Experience Team and Gammon-McGaha Team 391, to the detriment of the New Generation slate.
Analysis
Article VII, Section 5(a) of the Rules permits campaigning at local union meeting under narrow circumstances, viz.
(3) The Local Union need not allot time for campaigning during any of its meetings. However, if campaigning during such meetings is permitted, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting and shall divide the time equally between those candidates (or candidates' credentialed representatives) who request an opportunity to speak. The order of appearance shall be determined by lot.
(4) A Local Union shall not discriminate or permit discrimination in favor of or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc.
In this case, Local Union 391 did not allot time for campaigning during its meeting. The comments that referred to candidates or campaign material came from members speaking during the course of the membership meeting. The local union president, acting as chair of the meeting, allowed discussion and debate on issues important to the members while barring campaign speech. No evidence suggests the chair acted with favoritism or bias in permitting speech favorable to his slate or unfavorable to opposing slates nor is there evidence of campaigning by any slate at the meeting. In particular, we note that no reference was made during the lengthy meeting to the delegates and alternate delegates election or to individuals as candidates. While some members may have sought to score political points at the floor mikes during the heated general discussion, the chair prevented the political debate about legitimate union functions from crossing the line into partisan campaigning.
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, 1801 K Street, N.W., Suite 421 L, Washington, D.C. 20006, 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
2011 ESD 85
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Hall 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington, D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com">
Scott D. Soldon
Previant Goldberg
1555 North RiverCenter Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
Mike Webb
1200 Oak Grove Church Road
Wake Forest, NC 27587
d2h2w2@yahoo.com
Claude Gray, President
Teamsters Local Union 391
P.O. Box 35405
Greensboro, NC 27425
cgray65663@aol.com
Vernon Gammon, Secretary-Treasurer
Teamsters Local Union 391
3910 Teamsters Place
Colfax, NC 27235
vgammon@teamsterslocal391.org
J. Griffin Morgan
Elliot Pishko Morgan
426 Old Salem Road
Winston-Salem, NC 27101
jgmorgan@epmlaw.com
Maureen Geraghty
426 Old Salem Road
Winston-Salem, NC 27101
mg@geraghtylawfirm.com
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com