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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: FRANK HALSTEAD,                   )           Protest Decision 2016 ESD 163

                                                                        )           Issued: April 8, 2016

            Protestor.                                           )           OES Case No. P-172-021216-FW     



            Frank Halstead, member of Local Union 572, 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 First Student, an employer under the jurisdiction of Local Union 572, violated the Rules by “interfering [with], coercing, and restraining” James Motty in the exercise of his rights to campaign.


            Election Supervisor representative Michael Miller investigated this protest.


Findings of Fact and Analysis


            On February 11, 2016, James Motty, a member of Local Union 572, and other union members campaigned at First Student’s Pasadena, California facility.  This facility has no parking lot in which employees may park their cars; instead, employees use street parking and then walk into the facility to sign in, obtain their routes and keys, and exit to perform their bus routes. 


            Motty told our investigator he took up a position at the Lincoln Avenue entrance to the workplace at about 8:30 a.m. on February 11.  He said he met union members as they were entered the facility, speaking with them about Teamsters United and distributing campaign flyers.  After a short period, Motty said he was confronted by Arlene Haskins, assistant location manager for the employer, who insisted that he had no right to be present there and ordered him to leave.  Motty said he told Haskins he had the right to campaign there, and he stood his ground.  A short while later, two uniformed members of the Pasadena Police Department arrived and questioned Motty.  Motty said he told the police he was a union member with the right to campaign.  They left after instructing him to remain on the public sidewalk outside the facility and not impede pedestrian or vehicle traffic into and out of the facility.


            Haskins told our investigator that she observed Motty and two other men in the bus yard on employer property, canvassing members and distributing flyers.  She also saw Motty up on the porch of the building, soliciting employees as they approached the time clock.  She observed Motty’s bike locked to a gate inside the property.  Haskins said she phoned facility manager Reggie Young, who was not present that morning, to advise him of the situation.  She said Young instructed her to direct the campaigners to leave the premises and to call the police if they did not.  With these instructions, Haskins said she returned outside and approached Motty, who was on employer property, and told him he was not permitted on the property, that he was impeding traffic and creating a safety hazard, and that he had to leave the property.  Motty refused, insisting that Haskins put the instruction in writing.  At this Haskins returned inside and phoned the police.  Haskins said the police responded.  She observed the police interact with Motty from inside the building and did not hear the exchange.  The result of their intervention was that Motty moved his bike from the gate and resumed campaigning outside the fence on the public sidewalk.  The police officers came into the building and reported to Haskins that they instructed Motty not to enter the property, telling him that his right to campaign at that location was limited to the public sidewalk.  Haskins said the police were on scene only a few minutes.  She was satisfied that the issue was resolved with Motty being limited to the sidewalk and not impeding pedestrian or vehicle traffic.


            Article VII, Section 12(e) grants union members the right to campaign in employer-provided parking lots where employees park their vehicles, despite that such parking lots typically are on property owned or controlled by the employer.  This provision enhances a free, fair, open and informed election because it permits campaigners the right to meet face-to-face with rank-and-file members and give them information and persuasion about the candidates and issues in the election.  Where the employer does not provide a parking lot for use by its employees, however, members who are not employed by and have no union business with the employer generally have no right to enter the premises to campaign.


            Although Motty asserted that summoning the police chilled his campaign right and made employees unwilling to interact with him, he had no right to be present on the property of an employer facility that did not contain a parking lot where employees parked their vehicles.  As such, he should have recognized that his refusal to leave the premises could result in police intervention.


            We find that the exchange with the police was brief and, under the circumstances, discreet.  Motty continued campaigning from his position on the sidewalk without any further interaction with the employer or the police until 11 a.m., the prearranged time he had set with the other campaigners for departing the premises. 


            On these facts, we DENY this protest, finding no impermissible interference with Motty’s campaign rights.


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

            2016 ESD 163



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


Frank Halstead

260 LaFollette Court

Los Angeles, CA 90042


James Motty

P.O. Box 326

S. Pasadena, CA 91031


First Student

1600 Lincoln Ave

Pasadena, CA 91103


Teamsters Local Union 572

450 East Carson Plaza Dr

Carson, CA 90746


Michael Miller

P.O. Box 251673

Los Angeles, CA 90025


Deborah Schaaf

1521 Grizzly Gulch

Helena, MT 59601


Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104