IN RE: RHONDA LINK and TOMMY BLITSCH, Protestors.
Protest Decision 2011 ESD 125
Issued: February 21, 2011
OES Case No. P-113-020711-GP & P-118-020711-GP
Rhonda Link, member of Local Union 631, filed a pre-election protest in Case No. P-113-020711-GP 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 John Phillipenas and a local union bookkeeper violated the Rules by using union fax and email for an election-related purpose.
Tommy Blitsch, member of Local Union 673, filed a pre-election protest in Case No. P-118-020711-GP. Blitsch's protest was verbatim to Link's.
The protests were consolidated for investigation and decision. Election Supervisor representative Bruce Boyens investigated them.
Findings of Fact and Analysis
The protests alleged that Phillipenas violated the Rules by using the union fax machine to file election protests with our office on January 7 and February 4. We DENY this aspect of the protests. The use of union fax equipment to transmit a protest generally does not violate the Rules. Reyes, 2000 EAD 28 (September 27, 2000) (use of union fax machine to file protest no violation because it does not constitute support for a candidate or campaigning under the Rules); Koch, 2006 ESD 169 (April 3, 2006) (no violation where protest written on union-paid time and faxed from union fax machine).
The protests further alleged that, on February 4, the local union bookkeeper sent an email to all candidates in the delegates and alternate delegates election advising them of a candidates meeting. The purpose of the meeting was to inform the candidates of election ground rules, including the rights to observe all aspects of the election process. The protests stated that the use by candidates who are union officers or employees of their union-provided email addresses for this purpose violated the Rules. We disagree. Article VII, Section 12(c) prohibits use of union resources for a campaign purpose. The email sent by the bookkeeper was a proper use of a union resource to administer the election. The use of union-provided email addresses by recipients who are union officers or employees does not constitute campaign activity and therefore does not violate the Rules. Accordingly, we DENY this aspect of the protests as well.
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 125
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
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.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
Rhonda Link
POB 3611
407 McCulloch Avenue
Tonopah, NV 89049
link.roni@gmail.com
Tommy Blitsch
10372 Kepler Cascades Street
Las Vegas, NV 89141
lvcubs23@gmail.com
John Phillipenas, Secretary-Treasurer
Teamsters Local Union 631
700 North Lamb Blvd.
Las Vegas, NV 89110
johnp@teamsters631.com
Bruce Boyens
1326 S. Elizabeth St.
Denver, CO 80210
boyensb@aol.com
Mary Ann Campbell
13859 State Road E.
DeSoto, MO 63020
scdennis@aol.com
Maria Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
mho@ibtvote.org
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