OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: TEAMSTER POWER, ) Protest Decision 2021 ESD 164
) Issued: October 21, 2021
Protestor. ) OES Case No. P-192-102021-MW
____________________________________)
Teamster Power, a slate of candidates for International office, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that partisan campaign material was posted to a bulletin board of Local Union 179, in violation of the Rules.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
Local Union 179 represents employees of Page Heritage in Moline IL. The local union maintains a locked, glass-enclosed bulletin board at that worksite. The protest alleged that O'Brien-Zuckerman 2021 slate campaign material was posted “in the Union bulletin board” there.
Investigation showed that 2 campaign flyers and 1 campaign postcard were affixed to the glass that covered the union board, not to the corkboard beneath the glass. They were removed the same day the protest was filed. Investigation did not reveal who posted the material.
Under the Rules, a union is prohibited from making a contribution to a candidate, including an endorsement of candidacy. Article VII, Section 12(c); Article XI, Section 1(b)(3). Posting of campaign material to a union board beneath locked glass violates the Rules as impermissible union support for a candidate because the flyer’s placement constitutes presumptive proof that it was posted by a union official, whether business agent or steward, as a statement of union endorsement.
However, a similar presumption does not attach to a campaign flyer affixed to the locked glass covering a union board. Indeed, the fact that the flyer was posted to the glass rather than beneath it is evidence it was posted by a rank-and-file member as a statement of personal support rather than by a union official as a statement of organizational support. It remains a violation of the Rules, but it does not approach the severity of a campaign posting beneath the glass of a locked board.
Pursuant to our order in Glimco & Wimunc, 2021 ESD 160 (October 18, 2021), the O'Brien-Zuckerman 2021 slate has implemented further safeguards to minimize or eliminate the use of employer and union assets to display its campaign stickers, flyers, and placards. See also, Warren, 2021 ESD 162 (October 20, 2021).
On this basis, we deem the protest RESOLVED, given the prompt removal of the flyer from the glass. Nonetheless, we order Local Union 179 to transmit the following message to its business agents and stewards by email or text message no later than Monday, October 25, 2021:
The Election Supervisor for the election of IBT International officers has ruled that posting of campaign stickers, signs, placards, and flyers to union bulletin boards (including the glass covering them) or to employer property and equipment violates the Election Rules.
By order of the Election Supervisor, you are directed to remove and dispose of any campaign sticker, sign, placard, or flyer you see affixed to any union bulletin board (including glass), and any employer door, wall, window, fence, post, truck, hi-lo, or other building fixture or equipment.
This order remains in effect through November 15, 2021.
We order the principal officer of Local Union 179 to submit a written declaration to OES no later than Monday, October 25, 2021 that he has complied with this order, together with a copy of the communication sent to business agents and stewards.
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. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.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, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2021 ESD 164
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Scott Jenkins
scott@oz2021.com
Teamsters Local Union 179
Tom Patrick Flynn
mudhauler@sbcglobal.net
Joe Childers
jchilders@ibtvote.org
Bill Broberg
wbroberg@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com