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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: P. BRANDON ROSS, Protestor.
Protest Decision 2011 ESD 156
Issued: March 8, 2011
OES Case No. P-110-020211-FW

P. Brandon Ross, member of Local Union 150 and candidate for delegate on A Clean Slate, 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 a retired Teamster member violated the Rules by campaigning on behalf of the Teamsters 150 for Change slate.

Election Supervisor representative Rochelle Goffe investigated this protest.

Findings of Fact and Analysis

Ross alleged that on January 31, 2011, he observed Ralph Meredith, a delegate candidate on the Teamsters 150 for Change slate with Bryon Paige, a retired UPS driver, campaigning in the employee parking lot at UPS West Sacramento prior to shift change. Meredith admitted that he has campaigned with Paige a couple of times at that facility, although he maintained that he and Paige were on the sidewalk and not in the parking lot.

Under the Rules, members have rights to run for office, make financial contributions to candidates and slates, and engage in other campaign activity, including campaigning in employer parking lots.

In contrast, the rights of non-members - including retirees - are limited. They may make financial contributions to a candidate's legal and accounting fund under Article XI, Section 1(b)(5). They also may donate services on "personal free time without compensation," under Article XI, Section 1(b)(10). Such donated services may include leafleting and campaigning.

Only members have the right to campaign on employer parking lots under Article VII, Section 12(e). However, the Rules neither protect nor prohibit retirees from campaigning there. Zuckerman, 2005 ESD 38 (December 15, 2005).

We do not decide here whether Paige campaigned in the parking lot at UPS West Sacramento. But campaigning by a retiree there does not violate the Rules. Accordingly, we DENY the 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, 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 156

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

P. Brandon Ross
4848 Tono Way
Carmichael, CA 95608
shanbran@comcast.net

Ralph Meredith
3208 Archwood Road
Sacramento, CA 95821
rmerideth@mindspring.com

Jim Tobin, Secretary-Treasurer
Teamsters Local Union 150
7120 East Parkway
Sacramento, CA 95823
jtobin@unlimited.net

Rochelle Goffe
1234 22nd Avenue. E.
Seattle, WA 98112
rochellegoffe@gmail.com

Christine Mrak, Esq.
2357 Hobart Avenue, SW
Seattle, WA 98116
chrismrak@gmail.com

Maria S. 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