Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: BOB DONNAN,                               )           Protest Decision 2016 ESD 287

                                                                        )           Issued: September 23, 2016

            Protestor.                                            )           OES Case No. P-346-081716-SO     

____________________________________)                      

Bob Donnan, member of Local Union 988, 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 his employer violated the Rules by removing Teamsters United stickers from his personally owned tool box.

            Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

Protestor Donnan is employed as a night shift mechanic by YRC in Houston, TX.  Like other mechanics employed there, Donnan uses his own tools at work and he keeps the tools in his own tool box.  He affixed two Teamsters United stickers to the outside of his tool box to show his support for that slate.  Donnan told our investigator that mechanics at that facility place all manner of stickers, political or otherwise, on their toolboxes without objection from the employer, so long as the stickers are not offensive.  When Donnan noticed the Teamsters United stickers had been removed from his toolbox on August 15, 2016, he asked his shop supervisor, who informed him the stickers violated company policy.

This protest was filed August 17, 2016.

YRC’s written policy expressly permits stickers on personal property, “unless they create a documented negative impact on production or discipline.”  Through our investigator’s efforts, YRC’s labor relations officer was alerted to this situation and determined that the removal of the stickers from Donnan’s toolbox should not have occurred.  At his prompting, the shop supervisor acknowledged to Donnan on August 24 that the stickers had been removed improperly, apologized to him, and affirmed his right to post the stickers on his toolbox.  Donnan confirmed to our investigator the discussion with the supervisor and was awaiting new stickers from Teamsters United.

On this basis, 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

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 287

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