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Office of the Election Supervisor for the International Brotherhood of Teamsters

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

 

IN RE: LAUREN BUISSON &                  )           Protest Decision 2016 ESD 234

        JUAN GARCIA,                                  )           Issued: June 7, 2016

                                                                        )           OES Case No. P-202-030316-FW     

            Protestors.                                          )                                  

____________________________________)

 

            Lauren Buisson and Juan Garcia, members of Local Union 2010, 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 2010 violated the Rules by obtaining pre-publication access to a campaign email that was to be distributed to the local union membership.

 

            Election Supervisor representative Deborah Schaaf investigated this protest.

 

Findings of Fact and Analysis

 

            Local Union 2010 is comprised of employees of the University of California system.  The local union conducted the nominations meeting for its delegates and alternate delegates election on January 23, 2016.  Nominated were a full slate comprised of six delegate and three alternate delegate candidates and a partial slate of two delegate candidates and one alternate delegate candidate.  The protestors here were delegate candidates on the Team Rank & File slate, the partial slate.  The full slate, named the Team 2010 Unity slate, was comprised of local union officials and chapter coordinators.    

 

The local union has access to and uses a comprehensive email list for communication with its members.  The Rules permit use of such an email list by candidates for delegate, alternate delegate, and International office.  Article VII, Section 7(d) provides for email distribution of campaign material, viz.

 

The Union shall honor reasonable requests by candidates for distribution of literature through electronic mail.  Requests for the distribution of literature by electronic mail shall be governed by the same rules applicable to the distribution of literature by mail under this Section.  … Campaign literature distributed through electronic mail shall clearly state that it is campaign literature, the contents of which are not endorsed by the Union.  The manner of distribution of candidate literature by electronic mail shall be subject to such Advisory or further guidelines as may be established by the Election Supervisor for the purposes of facilitating distribution of literature by electronic mail, protecting the confidentiality of electronic mail addresses, and protecting the privacy of electronic mail recipients.

 

Article VII, Section 7(f) states further in part that “[t]he Union may not censor, regulate, alter or inspect the contents of any candidate’s campaign literature.”

 

            Local Union 2010 entered into an arrangement with Big Rig Media, a vendor, to process blast emailing of campaign literature in the local union’s delegates and alternate delegates election.  Both slates used Big Rig to make email campaign blasts to the local union leadership on March 1, 2016.

 

            The protest alleged that Melissa Munio, chief of staff of Local Union 2010, requested and received a copy of the Rank and File slate’s campaign email from Big Rig before it was blasted, and did so for the purpose of communicating its content to Jason Rabinowitz, the principal officer of Local Union 2010 and leader of the Team 2010 Unity Slate.

 

            Investigation showed that on February 29, 2016, Munio requested and received a proof copy of the Rank and File Slate’s campaign literature from Big Rig.  She told our investigator she did so to “ensure compliance with the [local union’s] Policy for Electronic Distribution of Campaign Literature,” which, consistent with our Advisory, required a disclaimer be included that indicated that the literature was campaign material that was not endorsed by the local union.  When she received the proof of Rank and File’s email literature, Munio made a correction to the disclaimer, which had used slightly different language than was required by the local union campaign email policy.  Munio denied sharing the contents of Rank and File’s campaign email with the Team 2010 Unity slate, and there is no evidence to the contrary.[1]

 

            We decline to find that Munio’s conduct constituted a violation of Article VII, Section 7(f), for the reason that her inspection of the Rank and File email proof was limited to the official disclaimer required to be included and because she did not engage in any action or conduct that revealed the substance of the campaign message to any other person or party.

 

Accordingly, 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, 34th 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 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 234

DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):

 


Bradley T. Raymond, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001

braymond@teamster.org

 

David J. Hoffa

1701 K Street NW, Ste 350

Washington DC 20036

hoffadav@hotmail.com

 

Ken Paff

Teamsters for a Democratic Union

P.O. Box 10128

Detroit, MI 48210-0128

ken@tdu.org

 

Barbara Harvey

1394 E. Jefferson Avenue

Detroit, MI 48207

blmharvey@sbcglobal.net

 

Teamsters United

315 Flatbush Avenue, #501

Brooklyn, NY 11217

info@teamstersunited.org

 

Louie Nikolaidis

350 West 31st Street, Suite 40

New York, NY 10001

lnikolaidis@lcnlaw.com

 

Julian Gonzalez

350 West 31st Street, Suite 40

New York, NY 10001

jgonzalez@lcnlaw.com

 

David O’Brien Suetholz

515 Park Avenue

Louisville, KY 45202

dave@unionsidelawyers.com

 

Fred Zuckerman

P.O. Box 9493

Louisville, KY 40209

fredzuckerman@aol.com

 


Lauren Buisson

teamsterlauren@gmail.com

 

Juan Garcia

UCTeamsterRankandFile@gmail.com

 

Teamsters Local Union 2010

400 Roland Way, Suite 2010

Oakland, CA 94621

jrabinowitz@teamsters2010.org

jcarrington@teamsters2010.org

 

Deborah Schaaf

1521 Grizzly Gulch

Helena, MT 59601

dschaaf@ibtvote.org

 

Jeffrey Ellison

214 S. Main Street, Suite 210

Ann Arbor, MI 48104

EllisonEsq@aol.com


 



[1] Nothing in the blast campaign emails that the Team 2010 Unity slate issued demonstrates that any message referred to or responded to any assertion made in the Rank and File slate campaign email.