OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: G.T. Davis, ) Protest Decision 2011 ESD 253
) Issued: May 12, 2011
Protestor. ) OES Case Nos. P-229-031611-GP
____________________________________)
G.T. Davis, member of Local Union 455, filed a pre-election protest pursuant to Article XIII, Section 2 of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Hoffa-Vairma campaign literature was posted on union bulletin boards at a worksite of United Airlines, an employer of members of Local Union 455.
Election Supervisor representative Bruce Boyens investigated this protest.
Findings of Fact
Local Union 455 is entitled to fourteen delegates and five alternate delegates to the IBT convention. At its nominations meeting held January 4, 2011, one full slate of candidates for delegate and alternate delegate was nominated. As the candidates were unopposed, they were deemed elected to represent the local union at the convention. Steve Vairma, principal officer of Local 455, also is a candidate for International office on the Hoffa-Hall 2011 slate and is actively campaigning and raising funds under the name of Hoffa-Vairma.
Protestor Davis is a rank-and-file member of Local Union 455 employed by United Airlines at the Denver International Airport (DIA). Davis is not a steward or business agent, and was not nominated to run as a candidate in the union’s delegate election. Davis told our investigator that he observed a campaign flyer posted on a Local Union 455 official bulletin board at his worksite. According to Davis, the board is used exclusively for posting of official union notices. Davis stated that he removed the campaign flyer, believing it was posted there impermissibly. He stated he was concerned that more flyers were posted on bulletin boards at other worksites under the jurisdiction of Local Union 455. He told our investigator he did not know who posted the flyer at DIA and had no evidence that similar flyers were posted elsewhere at the facility or at other Local Union 455 worksites.
When it received the protest acknowledgement, the Hoffa-Vairma campaign, through its attorney, contacted our investigator and acknowledged that the posting on the Local Union 455 bulletin board had violated the Rules. Counsel claimed the posting had been made by a shop steward and was not authorized by the campaign. The campaign stated that Vairma, a first-time candidate for International office, had met with all of Local Union 455’s business agents and instructed them of the Rules’ prohibition on using union assets to campaign. When interviewed, Vairma confirmed that he met with the business agents and discussed with them the proper use of bulletin boards. He stated that he instructed the business agents to disseminate the message to shop stewards in their respective work locations.
Vairma’s comments were supported by John Mennly, the business agent assigned to DIA. Mennly stated that he passed on Vairma’s admonitions about proper campaigning to stewards assigned to the airport. One steward, Scott Brown, misunderstood the guidance and posted campaign literature on the union bulletin board at his employer, United Airlines. Brown admitted that Mennly had provided instructions on the Rules but stated that he had misunderstood the instructions.
Our investigator contacted members employed at other worksites under the local union’s jurisdiction and found no other instance in which a campaign flyer was posted on a union bulletin board.
Analysis
The Rules prohibit the use of union personnel, funds or equipment to assist in campaigning unless all candidates have equal access to the resource and the union is paid fair market value for use of the resource. Article VII, Sections 12 (c).
Regarding worksite bulletin boards, Article VII, Section 12 (d), states: “No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a non-discriminatory basis.”
Counsel for the Hoffa-Vairma campaign and candidate Vairma both conceded that the posting of the campaign flyer on the union bulletin board at DIA violated the Rules. All parties to the protest agreed that the bulletin board is glass-enclosed and is customarily locked,[1] limiting access to Local Union 455 representatives. The bulletin board, under the sole control of the union, was a union facility used for official notices. As such, there was no pre-existing right to post campaign or general purpose notices there and the bulletin board could not permissibly be used for campaigning. Nor should Brown have posted the campaign literature while acting in his official capacity as a steward.
Because no delegate election was ongoing in the local, this brief, improper posting of the campaign literature is far removed from any effect on the possible balloting in the International Officer election in October 2011. We also recognize that Vairma had instructed business agents on the prohibition against using union resources to campaign. Davis’s removal of the improper posting was an allowable remedial action.[2] On these facts, we deem this protest RESOLVED. Nevertheless, we remind Vairma to continue to educate local union officers, business agents and stewards on the requirements of the Rules, and to have effective follow-up to insure that union bulletin boards or other resources are not used to campaign.
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, NY 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.
[1] In this instance, however, while the lock was in place, it was not secured.
[2] It is a violation of Article VII, Section 12(a) to remove campaign literature that is properly posted under the Rules. Here, however, the protestor removed an improperly posted campaign flyer.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2011 ESD 253DISTRIBUTION 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. Box10128
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
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box272
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
G.T. Davis
gtd53@comcast.net
Steven P. Vairma, Secretary-Treasurer
Teamsters Local Union 455
10 Lakeside Lane, #3A
Denver, CO 80212
mbelo@bw-legal.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