Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: DAN MATTHEWS,                       )           Protest Decision 2016 ESD 187

                                                                        )           Issued: May 4, 2016

            Protestor.                                           )           OES Case No. P-176-021216-ME     

____________________________________)                                                                  

Dan Matthews, member of Local Union 100, 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 Local Union 100 retaliated against him, in violation of the Rules.

            Election Supervisor representative Dan Walsh investigated this protest.

Findings of Fact and Analysis

            Matthews is an elected steward at Ryder, an employer under the jurisdiction of Local Union 100.  On October 4, 2015, he published and distributed to Ryder members a seven page document titled “Teamster Local 100 Ryder CBA Members Steward’s Bulletin.”  This document reported on upcoming negotiations and urged unity among the membership in those negotiations, and reported on pending grievances and unfair labor practice charges.  The document also asserted that management treated Matthews adversely when compared with member Jacob Blevins, who the document claimed brought reproach on the union by going to management and giving a statement that resulted in more severe discipline being imposed on Matthews.  Finally, the document noted the local union policy that elected stewards will remain in place at least one year following election and will continue in place following that one year unless ten members petition the local union for a steward election; the document presented an argument for retaining Matthews as steward.  The steward’s bulletin did not discuss or refer to the local union delegates and alternate delegates election or any possible candidacy by Matthews in that election.  Nor did the bulletin discuss or refer to the coming election of International officers.

            Blevins responded to the assertion that he had acted improperly by bringing an internal union charge against Matthews alleging that Matthews brought reproach upon the union by slandering Blevins.  The local union executive board gave notice of the allegation to Matthews and conducted a hearing on November 25, 2015, at which both Blevins and Matthews were afforded the opportunity to present and cross-examine witnesses, introduce exhibits, and make opening statements and closing arguments.  Thereafter, in closed session, the executive board found Matthews guilty of the charge and turned the matter over to the local union attorney for the purpose of drafting the decision.  The decision was prepared by the attorney and then circulated for signature by the members of the executive board.  All signed the decision except local union secretary-treasurer Sam Bucalo, who dissented.  The decision issued on February 5, 2016.  As remedy for the violation the board found, Matthews was ordered to apologize to Blevins in writing and to refrain from criticizing other members.  Following his receipt of the board’s decision, Matthews timely exercised his right to appeal the decision and penalty.

            On February 4, 2016, Local Union 100 conducted the nominations meeting for its delegates and alternate delegates election.  Matthews was nominated for delegate on the Teamsters United slate led by Bucalo. 

            The protest alleged that the executive board’s action “targeted [Matthews] for retaliation” and attempted to coerce Matthews “from exercising [his] right to free speech in criticizing others during the election process.”

            Article VII, Section 12(d) prohibits retaliation for activity the Rules protect.  The Rules protect the right to support or oppose candidates in the delegates and alternate delegates election and the International officers election, including the right to campaign on their behalf and to make contributions to their campaigns.  The Rules do not extend jurisdiction over local union officers elections, steward elections, or the administration of the internal union disciplinary process over matters that are unrelated to the delegates or International officer elections.

            Matthews’s conduct in publishing and distributing the Steward’s Bulletin did not implicate the Rules because it did not constitute campaigning for or against candidates in the delegates or International officers election.  Rather, it addressed grievance, unfair labor practice, and disciplinary issues between the union and its membership and an employer, issues that tangentially were related to a steward’s election.  As the Rules do not apply to the issues raised by the Steward’s Bulletin, Blevins’s charge arising from its distribution, and the executive board’s adjudication of that charge, we have no jurisdiction to determine rights in this case.

            The matter does not come under our jurisdiction merely because the board’s finding was issued the day after Matthews was nominated for delegate.  Investigation showed that the board made its determination shortly after the November 25 hearing and at a time long before Matthews became a candidate for delegate.  We conclude that the time that elapsed between the board’s decision on the case and the issuance of the written finding was attributable to the drafting associated with the written decision and not because of any retaliatory animus the Rules prohibit.

For these reasons, we DENY this 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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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 17^th 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 187

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