Protest Decisions

            Mike Stapleton, member and principal officer of Local Union 385, 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 Aaron Belk, candidate for IBT South region vice president on the Gegare-Sheard slate, violated the Rules by mailing campaign literature to an “Avis/Budget Group facilit[y]” at the Orlando, Florida airport, which is a worksite under Local Union 385’s jurisdiction.

            Election Supervisor representative Dolores Hall investigated this protest. 

Findings of Fact and Analysis

            The Belk campaign mailing was the subject of our decision in Hoffa-Hall 2011, 2011 ESD 327 (September 26, 2011), aff’d, 11 EAM 59 (October 4, 2011).  There we found that candidate Belk violated the Rules by mailing campaign literature to stewards at some 465 worksites across the South region and requesting that the literature be posted on union worksite bulletin boards.  We found that the mailing impermissibly used employer and union resources to disseminate the campaign message.  We ordered Belk to cease and desist from such conduct.  We also contacted each local union that had jurisdiction of a worksite to which Belk may have sent a mailing and gave instructions to inspect the union worksite bulletin boards and remove any campaign literature found there.

            On October 3, 2011, while the appeal of our decision in Hoffa-Hall 2011 was pending, we received a report that a Belk mailing was received by the steward employed at the Budget car rental facility at the Orlando, Florida airport, a worksite under the jurisdiction of Local Union 385.  This report was also made to the Election Appeals Master.  We investigated on October 3 and found that the steward received the mailing on Saturday, October 1, and contacted her business agent, Spike Coskey, to ask what should be done with the material.  Coskey advised her not to post the material, and investigation showed that the material was not posted on the union’s worksite bulletin board.  Thereafter, the Election Appeals Master issued his decision affirming the remedy we had ordered.

            On October 10, protestor Stapleton filed this protest.  The protest is untimely filed.  Further, the mailing received at the Budget worksite is encompassed in the investigation, findings, and remedy of our previous decision, which is affirmed and final.

            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, 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.