September 18, 1995
VIA UPS OVERNIGHT
James M. Brinkman
September 18, 1995
Page 1
James M. Brinkmann
8535 S.W. 80th Avenue
Portland, OR 97223
Tony L. Andrews
Secretary-Treasurer
Teamsters Local Union 305
1870 N.E. 162nd Avenue
Portland, OR 97320
Clair Ueltschi
Coe Manufacturing
7930 S.W. Hunziker
Tigard, OR 97223
James M. Brinkman
September 18, 1995
Page 1
RE: Election Office Case No. P-151-LU305-PNW
Gentlemen:
This pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”) by
James M. Brinkmann, a member of Local Union 305. The protester alleges that
Clair Ueltschi, the manager of Coe Manufacturing (“Coe” or “Company”), removed campaign materials of the “Working Teamsters” slate, of which Mr. Brinkmann is a member, from bulletin boards maintained on the premises of Coe Manufacturing in violation of the Rules. The protester also alleges that this removal was with the tacit consent of the “Team 305” slate and therefore files this protest against the officers of Local Union 305 (who comprise this slate).
Regional Coordinator Christine Mrak investigated this protest on behalf of the Election Officer.
James M. Brinkman
September 18, 1995
Page 1
The investigation revealed the following undisputed facts. Coe Manufacturing has two plants, “main” and “annex.” There is a large bulletin board by the time clock in the main plant, a large bulletin board by the vending machines in the annex, and a small bulletin board in the annex instrument room by the time clock. The Company and Local Union 305 use all three bulletin boards for their notices. In addition, the bulletin boards are used by employees for their personal notices (i.e., items for sale, etc.). The collective bargaining agreement between the Company and the Local Union has the following provision pertaining to bulletin boards:
The Company will provide one (1) bulletin board in each plant which will be placed as close to the time clocks as possible, for the posting of official Union notices pertaining only to the Union and its’ members.
The Company permitted campaign literature concerning the Local Union election of delegates to the International Convention to be posted on the bulletin boards prior to
August 30, 1995.
The protester is a member of the Working Teamsters slate. On August 28, 1995, he posted campaign literature supporting the Working Teamsters slate on the bulletin board in the main plant. On August, 30, 1995, the protester noticed that the literature had been removed. Plant Manager Ueltchi admits he removed the literature and told his supervisors to remove the literature of both slates from all the bulletin boards. The campaign literature of both slates was removed from the annex bulletin boards on September 1, 1995. Mr. Ueltchi acknowledged that the bulletin boards are used by employees for personal notices but contended that he bargained with Local Union 305 that only official union communications on union letterhead are permitted on the bulletin boards. Thus, Mr. Ueltchi considered the campaign literature to violate the contract with Local Union 305. Local Union 305 Secretary-Treasurer Tony Andrews (a candidate on the Team 305 slate) agreed that the term “official” in the contract refers to union letterhead but admitted that campaign literature was never discussed in the negotiations. Nevertheless, Mr. Andrews agreed that campaign literature had been posted on the bulletin boards.
The Rules, at Article VIII, Section 11(d) state, “No restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity.”
There is no dispute in this case that the Company has permitted positing on bulletin boards, including personal notices and campaign literature, which extend well beyond union notices on union letterhead. Thus, there is a preexisting right to use the bulletin boards for campaign publicity. In Hall v. IBT Local Union 270, 90 - Elec. App. - 1 (October 4, 1990), the Independent Administrator upheld a decision of the Election Officer finding a violation of the same provision of the Rules, in essentially the same factual situation. There the Independent Administrator concluded, in pertinent part, as follows:
1. I find that the bulletin boards within the [Company] premises have historically been used by Local 270 members in addition to the Local officers and business agents for the posting of materials other than “official union business.” . . .
James M. Brinkman
September 18, 1995
Page 1
2. [The Company Manager’s] decision, as it applies to . . . posting campaign materials, constitutes a wrongful restriction upon a “members’ pre-existing rights to use employer or union bulletin boards for campaign publicity,” in violation of [the Rules].
3. The limitation found in [the collective bargaining agreement] is inapplicable given the past practice of allowing personal as well as official union literature to be posted on bulletin boards located on [the Company’s] premises by rank and file members and union officials.
4. The proven past practice of permitting such postings binds Local 270 regardless of whether the [Local Union officers] know or condoned such practice.
Id. at pp. 9-10.
The Election Officer finds therefore that Coe Manufacturing violated Article VIII, Section 11(d) of the Rules by removing campaign literature from the designated union bulletin boards. There is no evidence presented, however, that the Local Union was involved or agreed with the removal. Moreover, since the Company removed all campaign literature on September 1, 1995, there is no evidence that the Company engaged in favoritism in the delegate elections.
Based upon the foregoing, the protest is GRANTED as to Coe Manufacturing and DENIED as to Local Union 305.
When the Rules have been violated, “the Election Officer may take whatever remedial action is appropriate.” Article XIV, Section 4. To remedy this violation, the Election Officer hereby orders that Coe Manufacturing sign the enclosed Notice and forward the Notice to Local Union 305 for posting on the large bulletin board by the time clock in the main plant, the large bulletin board by the vending machines in the annex, and the small bulletin board in the annex instrument room by the time clock.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
James M. Brinkman
September 18, 1995
Page 1
Kenneth Conboy, Esq.
Mudge, Rose, Guthrie, Alexander & Ferdon
180 Maiden Lane, 36th Floor
New York, NY 10038
Fax (212) 248-2655
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Christine Mrak, Regional Coordinator
NOTICE TO TEAMSTER MEMBERS
EMPLOYED BY COE MANUFACTURING
Coe Manufacturing recognizes that you have the right to participate in campaign activities on behalf of candidates for delegate and alternate delegate to the 1996 IBT Convention.
Coe Manufacturing recognizes that you have the right to participate in campaign activities on behalf of candidates for International Officer in the IBT.
Coe Manufacturing recognizes that you have the right to post campaign material on the large bulletin board by the time clock in the main plant, the large bulletin board by the vending machines in the annex, and the small bulletin board in the annex instrument room by the time clock at Coe Manufacturing, since such bulletin boards have been used in the past for similar postings.
No one, no company official, union representative or member, can intimidate, harass, threaten or prohibit you form engaging in the above-described campaign activity.
Coe Manufacturing will not interfere with your right to post campaign material on the bulletin boards designated above in the same manner as used in the past.
_________________________________
COE MANUFACTURING
This is an official notice and must remain posted for 30 consecutive days from the day of posting, and must not be altered, defaced or covered by any other material.
Prepared and Approved by Barbara Zack Quindel, Election Officer, IBT.