Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: FRED ZUCKERMAN,                    )           Protest Decision 2016 ESD 305

                                                                        )           Issued: October 11, 2016

            Protestor.                                           )           OES Case No. P-371-093016-GP           

____________________________________)                      

Fred Zuckerman, candidate for IBT General President, 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 a scheduled meeting in an employer breakroom at which General President Hoffa would address union members to encourage voting in the government election may violate the Rules as unlawful employer and/or union assistance of the Hoffa-Hall 2016 slate.

            Election Supervisor representative Mary Ann Campbell investigated this protest.

Findings of Fact and Analysis

On September 30, 2016, Zuckerman, through counsel, protested that a meeting to be held October 4, 2016 might violate the Rules.  The meeting, scheduled for a USF Holland break room under the jurisdiction of Local Union 120 in Blaine, MN, was to commence at 9:00 a.m. and last approximately 30 minutes.  General President Hoffa and General Secretary-Treasurer Ken Hall were expected to attend and speak to the assembled members who work at that facility.  The breakroom could accommodate up to 70 persons.  The notice posted on union bulletin boards at the worksite stated that the speakers would “talk about the importance of getting out to vote.”  The local union secretary-treasurer told our investigator that the topics to be addressed were the US presidential election and other national, state, and local elections.

The protest asserted that the event “will be used to promote the candidacy of the incumbent General President,” relying on unlawful employer and local union support to do so.  The protest sought a restraining order to prevent the meeting or, in the alternative, an order that the meeting be videotaped to insure that no unlawful campaigning took place.

The protest did not allege a violation of the Rules or present evidence of such a violation.  Rather, it claimed that a violation might occur.  Our investigation found no evidence of a Rules violation prior to the event and none since, whether from the protestor or from any other source.

While the Rules require pre-publication review of union publications during specific periods pre-election, the remedy the protestor sought here – a pre-event injunction based on the possibility that the Rules might be violated – is not supported by the Rules.  Deterrence for the impermissible conduct the protestor suspected might occur is provided by the Rules’ provisions barring employer support for candidates, employer access for candidates that is provided on a discriminatory basis, acceptance by candidates of such unlawful support, and our authority to remedy violations. 

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, 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 305

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