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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: ELIGIBILITY OF                             )           Protest Decision 2015 ESD 37

            GINA CRIBBS,                                 )           Issued: October 13, 2015

                                                                        )           OES Case No. E-027-080415-SO      

Local Union 767.                               )



            Gina Cribbs, former member of Local Union 767, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that she was improperly removed from Local Union 767 and should be regarded as a member of the local union in continuous good standing but was improperly removed from the local union.

            Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact

            On August 3, 2015, Cribbs made a request for eligibility determination to the Office of the Election Supervisor (OES).[1]              Generally, to be eligible to run for delegate or alternate delegate, a member must be in “continuous good standing of the Local Union, with one’s dues paid to the Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said position with no interruptions in active membership due to suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments;” be employed at the craft within the jurisdiction of the Local Union for a period of 24 consecutive months prior to the month of nomination; and be eligible to hold office if elected.  Article VI, Section 1(a).  For local union delegate and alternate delegate elections, the 24-month eligibility period runs through the month prior to the month in which the nominations meeting is held.

Local union delegate and alternate delegate elections are conducted pursuant to local union election plans approved by OES.  Article II, Section 4.  The nominations meeting for Local Union 767’s delegate and alternate delegate election will take January 9, 2016, so the 24-month eligibility period applicable to candidates in that election runs from January 2014 through December 2015.    

Before filing her request for eligibility determination, Cribbs phoned OES and stated that she had been wrongfully removed from the local union some two years ago and despite her repeated efforts had not been readmitted.  She stated that she had been removed because of political differences.  Based on this allegation, we reviewed her eligibility even though it came well before the local union’s nominations meeting, which had not been set as of the date of her request.

Cribbs’ dues payment history on the IBT’s TITAN system showed continuous monthly checkoff of dues until September 6, 2013 with a paid-through date of August 2013.  A TITAN entry dated September 5, 2013 stated “Forft Mbr,” indicating she had forfeited her membership that date.  As Cribbs has no history of dues payment for the eligibility period that will be applied to Local Union 767’s delegates and alternate delegates election, we wrote her on August 4 advising that she was ineligible for election.

Cribbs filed a protest of this determination the same date, alleging that in September 2013 she was “wrongfully kicked out of Local 767 without my knowledge or request.  I never verbally nor did I request in writing to be withdrawn.”  The protest further alleged that once she discovered she no longer had dues deducted from her check, Cribbs wrote several letters and made several calls seeking reinstatement, but all efforts were ignored.  She blamed business agent John Shorts both for her removal and the refusal to reinstate her.  The protest sought a determination that she was eligible for delegate or alternate delegate because of what she termed the wrongful conduct of her removal.

Cribbs was and continues to be employed by UPS in Ft. Worth, Texas.  The incident that resulted in her separation from local union membership occurred in August 2013, when Local Union 767 was making final preparations to change dues withholding for employees working at UPS facilities under its jurisdiction from a monthly to a weekly basis.  The change was initiated in May 2013 “in an effort to organize more part-time employees.”  It was approved by vote at the general membership meeting that month.  The local union sent a postcard to affected members in August 2013 to remind them that the change would be implemented in September.  The postcard stated in part that the “total amount due per month is exactly the same, so if you divide your monthly dues deduction by four, that will be the amount of your weekly dues.”  Some members expressed concern that if one-quarter of monthly dues were withheld weekly, months having five weeks would result in excess withholding.  A member emailed the local union on August 17, 2013 about this issue, asking whether dues in five-week months would be deducted in all five weeks and, if so, in what amount.  On August 19, business agent Michael Lohman replied to the member, stating, “On the 5 weeks months dues are only deducted for 4 weeks.”  The local union did not send a clarifying postcard on this point, and some members remained concerned.  Cribbs was particularly vocal on this issue, arguing with job stewards and stirring unrest among rank and file members on the issue. 

Bruce Porter, a job steward, told our investigator that Cribbs called him on a Saturday morning in August 2013 “ranting and raving” that the dues withholding change would mean the union would be taking more money than under the monthly withholding method.  Porter stated he told her it would be the same amount of money because the dues would be deducted only in 48 weeks annually.  Porter stated Cribbs did not accept his explanation; instead, she went around the work place “getting everybody else worked up.”  Porter contacted John Shorts and asked him to come out to the facility and explain it to everyone. 

Marlon Parks, another job steward, confirmed that Cribbs “was getting everybody stirred up” by stating that the union would be taking more dues money from members’ checks under the weekly deduction system than the monthly. 

Chris Gourley, a third job steward, recalled that Cribbs told him and the other stewards that the change in dues deduction frequency would result in the union getting too much money.  Gourley said he and the other stewards explained several times to Cribbs that deductions would be made weekly except in the last week of five-week months.  Gourley said Cribbs was not satisfied with that answer “and went around and got everybody else worked up” about excess deductions.

The stewards passed the concern on to business agent Shorts, who came out to the facility on August 20, 2013 to address the issue in a pre-shift meeting.  Shorts explained that under the weekly dues deduction schedule, no dues would be deducted in the last week of five-week months, just as the stewards had explained repeatedly to Cribbs and other members who had raised the concern.  When Shorts finished his explanation, steward Parks said that Cribbs asked Shorts the same question again.  Shorts gave the same answer and then told the members present “to quit calling Gina about union business because she is not a job steward.”  Shorts said that if members had a question, they should ask their job steward or call him.  Parks said that Cribbs “really got pissed” when Shorts said that, and she told Shorts “she wanted out of the union.”  According to Parks, Cribbs told Shorts the union was taking all her money and she wanted them to stop taking dues out of her check.  Parks said that Shorts told Cribbs she had to send him a letter saying she wanted to get out of the union.  Parks said that Cribbs “really got worked up then and started screaming” that she wanted the union to stop taking her money “right now” and she wasn’t writing to anybody.  Parks said that Shorts again explained to the group how dues would be deducted, and Cribbs “screamed at Shorts again” that she wanted the union to stop taking her money and she wanted out of the union.

Steward Gourley corroborated Parks’ account, stating that at the end of the meeting he heard Cribbs “screaming and yelling” at Shorts.  He heard Shorts tell everyone to not listen to Cribbs and if they had a question, they should ask one of their job stewards.  Gourley stated that Cribbs “really lost it” then and said to Shorts, “You know what?  Stop taking my money!  I want out of this union!  I don’t need you anymore, anyhow!”  Gourley stated he left at that point and got into his truck, while Cribbs was still “yelling and screaming” at Shorts.

Steward Porter confirmed that Cribbs “started yelling” at Shorts, saying, “I am tired of the union taking my money and I want to get out of the union right now!”

Cribbs denied that she ever made any statement resigning her union membership or suggesting any like request or demand.

Texas is a so-called “right to work” state where statute renders union security clauses unenforceable.  By law, a union member may resign his/her membership and be relieved of the dues obligation of that membership.  According to Section 20(E)(8) of the local union bylaws, a resignation from the union must be in writing, addressed to the secretary-treasurer.  However, when Shorts informed Cribbs that he needed a letter from her resigning from the union, steward Parks stated that Cribbs refused to write the letter. 

Cribbs told our investigator that she sent a letter to local union president Wesley Jenkins dated August 21, 2013, the day after Shorts appeared at her worksite to explain the weekly dues deduction system.  The letter was purportedly from Cribbs but was composed[2] on the computer of Ronald Spencer, a UPS division manager at Cribbs’ workplace who Cribbs was dating at the time.  The letter appeared to recount Cribbs’ version of the August 20 meeting and complained of Shorts’ alleged “unprofessional” behavior.  Specifically, Cribbs’ letter stated that Shorts displayed “hostility towards” her, “made threatening comments and questioned [her] integrity,” and became “angry and hostile” toward her.  According to the letter, Cribbs asked Shorts, “what do I get for my $80.00 dollars in union dues and why are my phone calls not returned?”  The letter stated that Shorts in response “told me to get out of ‘HIS UNION’ and I quote ‘send me a letter today’ withdrawing from the union.  BA Shorts further stated and I quote ‘Gina, please promise me that you will send me that letter today, please.’ … This behavior was not professional nor was it warranted on my behalf.  He also informed the HEB Service Providers not to ever call ‘Gina,’ but to contact the Union Stewards with questions.”  The letter cited UPS’s policy providing all employees a “workplace free of violence and hostility,” stated that Shorts violated this policy, and asked local union president Jenkins to take appropriate action.  The letter listed five copy recipients.  All of them were UPS officials; Shorts was not sent a copy. 

Local union records show that local union president Jenkins was on vacation from August 19 to 23, 2013.  Jenkins acknowledged to our investigator that he learned of the exchange between Shorts and Cribbs either “in passing” from Shorts or from a “Cribbs voicemail.”  He stated that his response to Shorts was that “this monthly to weekly dues issues was a non-issue and that we have to find better ways of explaining that there is no difference.”  Jenkins claimed that he never received Cribbs’ letter to him dated August 21, 2013.

Shorts told our investigator that he discussed Cribbs’ demand that the union stop taking her dues with local union president Jenkins.  According to Shorts, Jenkins expressed a very low opinion of Cribbs and made derogatory remarks about her to Shorts.  Shorts said Jenkins told him that if Cribbs wanted out of the union, Shorts should stop taking her dues out. 

Mark Lyle, presently a UPS package car driver, served as local union business agent from 2010 until this year before resigning to resume package car delivery.  He recounted to our investigator the confusion among members in August 2013 surrounding the transition from monthly to weekly dues deduction.  He said the confrontation between Cribbs and Shorts was a topic of discussion in the local union office.  According to Lyle, local union president Jenkins was fully aware of Cribbs’ demand to be released from the union.  Lyle stated that Jenkins said “if she wants out, let her out.”

Investigation showed that most members who resigned from the local union did so in writing, in accordance with the local union bylaw to that effect.  However, Shorts stated that in 2008 he dealt with a member who demanded to resign but refused to do so in writing.  Shorts stated that he contacted Dick Bell, executive assistant to then-General Secretary Treasurer Keegel, who advised him that if he had witnesses to the oral demand to resign, the resignation should be accepted.  Shorts applied that advice to Cribbs’ resignation in 2013, writing her the following by certified mail on September 2, 2013: “Pursuant to your verbal declaration of August 20, 2013, reflecting your request/intent to resign or forfeit your membership from Teamsters Local 767, we accept your resignation.”  Local union president Jenkins was listed on the letter as a copy recipient.  The green card return receipt shows that Cribbs signed for the letter on September 19, 2013, about two and a half weeks after the letter’s date.

Bell told our investigator that, for members in right to work states demanding to resign membership, the local union may legally withhold dues only for 60 days after the request.

Cribbs claimed to our investigator that she discovered in September 2013 she was no longer having dues deducted from her pay.  Although she denied resigning her union membership, she apparently assumed that the reason dues were no longer deducted was because she no longer was a local union member.  Thus, she stated that she went to the local union hall on September 17, 2013[3] and filled out an application for membership and checkoff authorization and gave it to the clerical at the front desk.  According to Cribbs, the clerical, who Cribbs did not identify, took the application into a back office and then returned to tell Cribbs that she would have to talk to Shorts about being readmitted to the union.

Our investigator interviewed the three office clericals who served as TITAN operators for the local union in 2013.  All disputed Cribbs’ recounting.  Thus, Deanna Livingston stated that she sat at the front desk and took applications from prospective members; she also served as a TITAN operator.  She denied ever telling a prospective member that he/she would have to deal with John Shorts before being admitted to the union.  According to Livingston, Cribbs’ story “doesn’t make any sense to me.”  Shannon Jenkins served as TITAN operator in 2013.  She told our investigator that she never told an applicant that she had to consult with an officer before the application could be accepted.  She specifically denied having any situation with Cribbs and readmission to the union.  Finally, Angie Hightower stated that no approval of an officer was necessary before a TITAN clerk could accept an application for membership.  Hightower said that Cribbs’ claim of being told that the application could not be accepted without Shorts’ approval was not normal and would be so unusual that Hightower would remember it, which she did not.  Hightower stated that members who have been removed from membership through resignation are coded in the TITAN with a “90” designation, and Hightower said she had never taken an application for membership from a person with that code.

Cribbs claimed she called and spoke with Shorts on September 20, 2013, three days after her purported attempt to rejoin the local union.  She stated that she had two reasons to call: first, to learn the protocol for getting out of the union, and second, to request reinstatement.  She claimed that Shorts ended the call abruptly and prematurely, telling her to put all communications with him in writing.

Shorts denied to our investigator that Cribbs attempted to rejoin the union.  He further denied that she phoned him at any time after resigning the union, and in particular on September 20, 2013.

Cribbs purportedly wrote a letter to Shorts on September 21, 2013, recounting the phone call of the previous day, and to request reinstatement to the union.  The letter listed local union president Jenkins as a copy recipient. 

Shorts denied receiving any communication from Cribbs after she resigned membership; he specifically denied receiving any communication from her requesting to rejoin the union.  Jenkins also denied receiving the September 21, 2013 letter from Cribbs to Shorts on which he is listed as a copy recipient.  Jenkins produced an airline itinerary indicating that he traveled to Boston from Dallas-Fort Worth on September 16, 2013, returning to Dallas-Fort Worth on September 19, 2013. 

On May 4, 2015, some twenty months after Cribbs’ last communication with the local union that was provided to us, Cribbs emailed Mike Lohman, the business agent.  Lohman had become local union president in January 2015.  Cribbs’ email to Lohman requested an investigation as to why “I was taken out of the union by Mr. John Shorts without my request.”  Cribbs’ email recounted that she had a confrontation with Shorts over the transition from monthly to weekly dues deduction when Shorts came to her worksite to explain the new system to members there.  The email stated that Shorts told the group, “Do not go to Gina Cribbs, she is not a steward and do not ask her anything.”  The email’s first mention of Cribbs’ membership came in the following passage:

He was furious at the time and got in my face and said he demanded my letter requesting to get out of “his” union on his desk tomorrow.  I said no way I will get out and I will stay so I can make sure and do my part to get his corrupt self voted out of there.  Shortly after that, I noticed no dues were being taken out of my check.  I called Union Hall numerous times and left messages for John [Shorts], Wesley [Jenkins] and finally got a hold of Billy Selman.  Billy said I needed to follow up with John, which I tried to but never got a call back.  I went down to the Union Hall a few days later and everybody I talked to said I needed to talk to John Shorts and that I needed to leave the Union Hall.  I then requested an application to join filled it out and they gave it back to me and said John said if I wanted to rejoin it was his decision.  That right there proved that he had something to do with my being withdrawn.

Local president Lohman replied to Cribbs’ May 4, 2015 email the next day, May 5, thanking Cribbs for the information, stating that he would investigate, and asking that she supply him with witnesses and documentation to assist in the investigation.  Lohman concluded his email by stating, “You are welcome to rejoin Teamsters Local 767 at any time.”

Cribbs replied by email three hours later.  She identified two witnesses to the confrontation that concerned transitioning from monthly to weekly dues deduction.  They were Sumar Nobles and Debbie Jennings.  Cribbs then concluded her recounting of the incident, stating that “I had my last conversation[4] with John Shorts” when he “was yelling telling me he better have a letter on his desk tomorrow requesting my withdrawal from his Union.  My response verbatim was: ‘I will never get out of the union, it is our union not yours and I will remain in union so I can make sure and vote you out in 2016.’”[5]

Of significance for this eligibility protest, Cribbs concluded her email by replying to Lohman’s invitation that she rejoin the local union, viz:

Also note though that vindication for me is not you getting me back in the union but getting him out of there.  I’m pro union but anti John Shorts along with a majority of other members.  I’m all about being in the union and being a leader and growing membership but I will not be affiliated with an organization that condones, promotes or fails to remove toxic dishonest agents who are guilty or discouraging membership instead of encouraging membership.

Our investigator interviewed the two witnesses Cribbs identified in her May 5, 2015 email to Lohman.  Sumar Nobles told our investigator she was present in August 2013 when Shorts came to the UPS hub to explain how dues would be deducted.  According to Nobles, “Shorts was trying to talk and Gina Cribbs would not shut up and Shorts was trying to shut her up so he could talk.”  At this point, the telephone interview ended abruptly.  Our investigator called back immediately, the call went to voicemail, and our investigator left a message requesting a return call.  The call has not been returned. 

Our investigator interviewed Deborah Jennings, another person Cribbs said witnessed the August 20, 2013 confrontation between Cribbs and Shorts at the UPS hub.  Jennings denied that she was present and denied that she witnessed any confrontation between the two.  She stated that her only knowledge of the incident is from what Cribbs told her.

Local union president Lohman told our investigator that Cribbs told him Rick Rodriguez had witnessed the confrontation.  Rodriguez denied to our investigator that he was present, stating only that Cribbs told him about the incident.

After Lohman received information from Cribbs, Nobles, Jennings, and Rodriguez, he said that the local union executive board met and decided to terminate Shorts’ tenure as business agent.  The decision was made May 21, 2015 and was effective immediately.  The executive board lacked authority on its own to remove Shorts from elected office as secretary-treasurer, but it barred him from the local union hall, summoning a police officer to escort him from the building and a locksmith to change the locks on the entrances to the building and his office.

The executive board thereafter brought three internal union charges against Shorts, one of which concerned Cribbs, viz.

On Tuesday, September 3, 2013, John Shorts did summarily expel Sister Gina Cribbs a member in good standing without written authorization or trial as required by the IBT constitution and Local 767 By-laws.  She was placed on forfeit status by Brother Shorts after a verbal confrontation at her workplace initiated by Brother Shorts.


Not only did Brother Shorts deprive Sister Cribbs of her rights as a member of Teamsters Local 767 but he also deprived Local 767 of the dues income and Joint Council 80 and the IBT of per capita income by this action.

Mandy Curry, a UPS truck driver, told our investigator that she shared an apartment with Cribbs from April to July 2015 and had known her for some time prior to that.  Curry was not a witness to the August 2013 incident between Shorts and Cribbs; however, she stated that Cribbs told her she had been “kicked out of the union.”  Curry said that Cribbs told her she was not going to fight her removal from the union and, indeed, attempted to persuade Curry to get out of the union, saying that everyone should get out because the union was “stealing [your] money.” 

In June 2015, Curry said that Cribbs asked her to print some letters she had received by email from Ron Spencer, the UPS Division manager with whom Cribbs had had a romantic relationship for several years and who had composed the August 21, 2013 letter from Cribbs to local union president Jenkins.  Curry asked Cribbs what the letters were for.  According to Curry, Cribbs told her that she was “tweaking some paper” to “take down” John Shorts.  Curry said Cribbs told her that Mike Lohman, the newly installed president of Local Union 767, had contacted her prior to April 2015 to say he remembered the August 2013 incident between her and Shorts and “wanted to help” her.  At this, Curry asked Cribbs what Lohman’s motives were and why he wanted to help her now after so much time had passed.  Curry said Cribbs replied that she didn’t care about Lohman’s motives, just so long as she “got John Shorts.” 

Curry said that Cribbs told her she met with Lohman and business agent Charles Tye in the third or fourth week of May 2015, and during that meeting, Cribbs told them she had sent letters to the union complaining about Shorts.  They said they had not seen the letters and asked her for copies.  Cribbs told them she did not have copies but would contact Spencer, who by this time had retired and moved to Florida with another woman, to see if he could assist.  According to Curry, Cribbs said that Spencer emailed her the letters, and Cribbs asked Curry to print it on Curry’s printer on June 7, 2015, because Cribbs did not want to print them on her own printer.  Curry said that Cribbs was in a hurry about the letters, insisting that Curry come home early from work because Cribbs needed her to print the letters that very day.  Curry did so.  A few days later, Cribbs called Curry and very excitedly told her that “they found the letters, they found the letters” at the union hall.

Lohman told our investigator that a business agent found the letters Cribbs claimed she sent Jenkins and Shorts in Shorts’ former office after he had been removed as business agent and the locks changed.  Shorts insisted to our investigator that he had never seen the letters Lohman and Cribbs referred to, asserting that they were planted in his office after he was barred from the premises.


            The first eligibility requirement to stand for delegate or alternate delegate is the timely payment of dues for each of the 24 months of the eligibility period.  Cribbs has paid dues in none of the 24 months applicable to Local Union 767’s delegates and alternate delegates election.

            She asserts that she has not paid dues because she was improperly deemed resigned from the union.  We disagree.  The credible evidence from four witnesses demonstrates that Cribbs made a loud, angry and public declaration that “I am tired of the union taking my money!” and demanded “I want to get out of the union right now!”  This oral statement constituted a resignation from the union, and we do not credit Cribbs’ assertion that she never resigned or intended to resign her membership. 

Acting on advice from the IBT, Shorts had lawful authority to accept Cribbs’ resignation demand, even though Cribbs refused to place the demand in writing. 

A member who has resigned membership may apply for readmission to the union.  Cribbs claimed that she made two attempts at readmission, first by going to the union hall and filling out the membership application and second by writing to Shorts to request readmission.  We do not credit Cribbs’ claim that she applied for readmission.  The local union clericals deny that Cribbs appeared at the union hall and filled out membership paperwork, and we credit their evidence. 

We do not credit Cribbs’ claim that she wrote Shorts requesting readmission.  We conclude instead that the letter making this request was created well after the fact – in May or June 2015 – and was done for the purpose of bolstering an effort by officials of the local union who sought to remove Shorts as a political opponent in upcoming elections.

Finally, when current president Lohman invited Cribbs to rejoin in May 2015, she rejected his offer.

As Cribbs has not paid dues in any month of the 24-month eligibility period because she resigned her membership with the local union in August 2013, we find her INELIGIBLE for delegate or alternate delegate.

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:


Kathleen A. Roberts

Election Appeals Master


620 Eighth Avenue, 34th floor

New York, NY 10018


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, 1050 17th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.


                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2015 ESD 37 




Bradley T. Raymond, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001


David J. Hoffa

1701 K Street NW, Ste 350

Washington DC 20036


Ken Paff

Teamsters for a Democratic Union

P.O. Box 10128

Detroit, MI 48210-0128


Barbara Harvey

1394 E. Jefferson Avenue

Detroit, MI 48207


Teamsters United

315 Flatbush Avenue, #501

Brooklyn, NY 11217


Louie Nikolaidis

350 West 31st Street, Suite 40

New York, NY 10001


Julian Gonzalez

350 West 31st Street, Suite 40

New York, NY 10001


David O’Brien Suetholz

515 Park Avenue

Louisville, KY 45202


Fred Zuckerman

P.O. Box 9493

Louisville, KY 40209


Gina Cribbs

1562 Muse Street

Fort Worth, TX 76112


Teamsters Local Union 767

6109 Anglin Drive

Forest Hills, TX 76119


John Shorts, Sr.

4612 Pine Ridge Lane

Fort Worth, TX 76123


Dolores Hall

1000 Belmont Pl

Metairie, LA 70001


Jeffrey Ellison

214 S. Main Street, Suite 210

Ann Arbor, MI 48104


[1] This request was made pursuant to Article II, Section 5 of the Rules, which states: “[i]t is strongly recommended that, before being nominated, each prospective nominee request verification of his/her eligibility to run for delegate or alternate delegate…. [T]his request should be made in writing to the Election Supervisor as soon as possible, but in no event less than five (5) working days prior to the nomination meeting.”

[2] A digital copy of the letter formatted in Microsoft Word word-processing software was produced to our investigator.  The digital properties on the letter indicate it was created August 21, 2013 on a computer registered to “Ronald,” who we conclude was Ronald Spencer. 

[3] This claimed visit occurred two days before Cribbs signed for and received the certified letter from Shorts in which Shorts notified her that the union was accepting her resignation from membership.

[4] This statement that Cribbs had her “last conversation” with Shorts on August 20, 2013 is inconsistent with her statement that she spoke with him by phone on September 20, 2013.

[5] Cribbs did not assert in her August 21, 2013 letter to Jenkins that she would “never get out of the union” and would remain in the union “so I can make sure and vote you out in 2016.”  These claimed statements appeared for the first time in the May 5, 2015 email to Lohman.