Protest Decisions

            The Sandy Pope campaign 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 Gillig Corporation retaliated against a member for supporting the Pope campaign, in violation of the Rules.

            Election Supervisor representative Christine Mrak investigated this protest.

Findings of Fact and Analysis

            Gillig Corporation is an employer under the jurisdiction of Local Union 853.  On October 7, it issued a final warning to its employee Roger Bales for using company supplies to deface company property on company time.  According to the employer, Bales, during work time, used a company-issued pen to write a message supporting Sandy Pope on a disposable trash box near his work station.

            The protest alleged that Gillig’s disciplinary action constituted impermissible retaliation against Bales for activity protected by the Rules.  The protest cited several instances in which campaign material supporting Hoffa and others was displayed on company property and fixtures inside its manufacturing facility, and argued that the action against Bales constituted discriminatory retaliation for his activity in support of Pope.

            Investigation showed that stickers supporting Hoffa were affixed to equipment in the tool room and apparently had been in place for several years.  After the protest was filed, the company removed all campaign stickers from walls and equipment inside its plant.

            On November 7, Gillig rescinded the final warning it had issued to Bales a month earlier.

            Article VII, Section 12(d) and Article XI, Section 1(b)(2) of Rules prohibit use of employer resources to campaign.  As we have held repeatedly, affixing stickers or other campaign messages to employer property violates these provisions.  See, e.g., Hoffa-Hall 2011, 2011 ESD 329 (September 26, 2011); Pope, 2011 ESD 343 (October 13, 2011); and Pope, 2011 ESD 350 (October 26, 2011).

            In addition, the Rules generally prohibit campaign activity in work areas on work time.  Article VII, Section 12(a).

            Based on these principles, displaying messages supporting candidates in the International officers election on employer assets, whether the messages are stickers, flyers, or hand-written, make impermissible use of the employer assets for a campaign purpose.  Affixing or inscribing the messages on work time in a work area also violates the Rules.

            Because Gillig rescinded the final warning it issued to Bales, we need not consider whether the discipline was discriminatory or retaliatory under the Rules.

            However, to insure that members employed at Gillig are informed as to the Rules’ requirements with respect to campaigning on work time in work areas and use of employer assets to campaign, we direct Local Union 853 to post the notice attached to this decision on all union worksite bulletin boards at Gillig.  The posting is to be completed within one day of issuance of this decision and shall remain posted for thirty consecutive days.  Within one day after the notice is posted, Local Union 853 shall submit a compliance affidavit to OES.

            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.