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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: SAM BUCALO,                              )           Protest Decision 2016 ESD 192

                                                                        )           Issued: May 4, 2016

            Protestor.                                           )           OES Case No. P-224-031616-ME     



Sam Bucalo, member and secretary-treasurer 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 the Teamsters First Slate violated the Rule by distributing campaign material that may be and was affixed to employer property at a UPS facility.


            Election Supervisor representative Dan Walsh investigated this protest.


Findings of Fact and Analysis


Local Union 100 is entitled to election five delegates and two alternate delegates.  Three full slates and one unaffiliated delegate candidate competed for these positions.  The Teamsters United slate was led by protestor Bucalo; the Local 100 Teamsters First slate was comprised of the local union principal officer Dave Webster and was comprised of other officers and business agents; the No More Hoffa slate was a rank-and-file slate.


This protest alleged Rules violations at UPS.  This employer operates four facilities under the jurisdiction of Local Union 100.  At the Gest Street facility on March 14, 2016, a car wash employee observed and photographed a Teamsters First calendar affixed to the headboard inside a package car.  The calendar measured approximately 4” x 2.5,” read “Teamsters First,” listed Dave Webster and Ron Butts as “President” and “Secretary-Treasurer,” respectively,[1] and had a peel-off adhesive backing.


Bucalo filed a protest alleging UPS support for the Teamsters First slate by permitting the calendar to be affixed inside the truck.


Investigation showed that candidates on the Teamsters First slate distributed the calendars to arriving and departing members at the Gest Street location during the week ending March 11.  The candidates denied affixing the calendars to the trucks themselves or encouraging such conduct.  Local union president Webster told our investigator that UPS has a “no solicitation” policy that forbids affixing non-UPS material on or inside package cars, that he and the other candidates on his slate knew UPS enforced the policy strictly, assumed that drivers knew the policy as well, and were confident that any violation of that policy involving their calendars would be an aberration rather than a common occurrence.  That Bucalo received only one report of this alleged violation from an employee whose job involved entering multiple package cars daily provides circumstantial confirmation of this point.


Our investigator contacted the UPS Ohio Valley District Manager the day after the protest was filed, who denied any knowledge that campaign calendars had been posted inside package cars.  He confirmed to our investigator that such posting, if it occurred, would violate the employer’s no solicitation rule.  He stated further that, now that he had been apprised of the calendars, he intended to instruct his subordinates to be on the lookout for them to insure they were not affixed to employer property, including its trucks.


The calendars constitute campaign material.  Accordingly, the Teamsters First candidates and their supporters have the right under the Rules to distribute them.  Employees receiving the calendars do not, however, have the right to post them on employer property or trucks.[2] 


The protestor provided evidence of one instance in which the campaign calendar was affixed to employer property, and that instance was promptly remedied before the protest was filed.  Further, management was apprised that campaign material with adhesive backing had been distributed, and steps were taken to police property and vehicles for this material.  Because of the single incident of violation, its brief duration, the prompt notice to management, and the stepped up enforcement of the no solicitation policy, we deem this protest RESOLVED.


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 192



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


Sam Bucalo

6158 Kingoak Drive

Cincinnati, OH 45248


Teamsters Local Union 100

2100 Oak Drive

Cincinnati, OH 45241


Dave Webster


Ron Butts

520 South Main Street

South Lebanon, OH 45065


Dan Walsh

950 Duxbury Court

Cincinnati, OH 45255


John Pegula

1434 Greendale Dr.

Pittsburgh, PA 15239


Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104

[1] Butts is presently the local union vice president, but he will run for secretary-treasurer, Bucalo’s current position, in the local union officers election to be held in fall 2016.  The calendars were printed for use by Teamsters First in both the delegates election and the upcoming officers election.

[2] If a calendar had been posted inside a package car, it is highly likely the calendar would have been seen only by the driver, the car wash employee, and a supervisor inspecting the vehicle (who as a supervisor is not a union member).