Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TOM SCHLUTOW ,                       )           Protest Decision 2016 ESD 311

                                                                        )           Issued: October 26, 2016

            Protestor.                                           )           OES Case No. P-389-101216-NE     

____________________________________)                      

Tom Schlutow, member of Local Union 294, 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 UPS interfered with his right to campaign in an employee parking lot on UPS property, in violation of the Rules.

            Election Supervisor representative Chris Mrak investigated this protest.

Findings of Fact and Analysis

The protest alleged that on October 11, 2016 at about 5:45 p.m., Schlutow commenced campaigning in the employee parking lot at the UPS facility in Latham, NY.  Schlutow is employed at that facility but at the time of the protest was on workers’ compensation leave while recuperating from injury.  About 6:20 p.m., Schlutow alleged he was approached by the UPS twilight hub manager, who conveyed that UPS division manager Jeff Pisani said Schlutow could not remain on the property.  Schlutow reached Pisani by phone; Pisani confirmed management’s position that Schlutow could not be on company property while off work on workers’ compensation.  Schlutow left and filed this protest the next day, October 12.

Through the intervention of our representative, UPS committed on October 14 to permit Schlutow to campaign in its parking lot, notwithstanding his workers’ compensation status.  This information was conveyed to Schlutow, who requested to withdraw the protest based on UPS’s assurance that it will permit him to campaign at that facility.

Finding that withdrawal serves the purposes of the Rules, we deem this protest WITHDRAWN.

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 311

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