Protest Decisions

              February 20, 1996

VIA UPS OVERNIGHT

Steve MacDonald

February 20, 1996

Page 1

Steve MacDonald

566 Gonzales Road

Vacaville, CA 95688

Casey Sawyer, Secretary-Treasurer

Teamsters Local Union 490

445 Nebraska Street

Vallejo, CA 94590

Carlos Borda, President

Teamsters Local Union 490

445 Nebraska Street

Vallejo, CA 94590

Steve MacDonald

February 20, 1996

Page 1

Re:  Election Office Case No. P-379-LU490-CSF

Gentlemen:

A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") by Steve MacDonald, a member of Local Union 490 and a candidate for delegate, against Casey Sawyer and Carlos Borda, the secretary-treasurer and president, respectively, of the local union, and two local union trustees, Ross Cassidy and Floyd Alcutt.  The protester alleges that Mr. Sawyer has allowed campaign material for the slate of candidates he supports to be posted in the local union's official bulletin board case located in the lunchroom of the Lucky Stores Distribution Center ("Lucky") in Vacaville, California, in violation of Article VIII, Section 11(b) of the Rules.  Mr. MacDonald is employed at this facility.

The charged parties respond that they did not authorize nor were they aware of the posting on the union bulletin board, and immediately removed the document once they learned of its existence through Mr. MacDonald's protest. 

The protest was investigated by Regional Coordinator Matthew Ross.

Steve MacDonald

February 20, 1996

Page 1

The protester states that while taking his break in the Lucky lunchroom on January 30, 1996, he noticed a one-page document titled "Constitutional Reform Slate Platform" posted on the local union's bulletin board, which is locked and under glass.  The document describes the slate's eight-point platform, then urges members, in bold capital letters at the bottom of the page, to "Vote - Borba, Cassidy and Alcutt.  Vote the Constitutional Reform Slate."  According to the protester, members at the facility told him that this document "was posted weeks ago right after [the] nomination meeting."  Local Union 490 held its nomination meeting on January 11, 1996.

Mr. MacDonald states that there is a large wall located in the same lunchroom for general postings.  In the past, the protester states, Mr. Sawyer has told him "that union bulletin boards are for ‘official and approved union business.’"[1] 

Mr. Sawyer states that when he learned of the instant protest, he immediately investigated in an attempt to determine who posted the material at issue and instructed the business agent assigned to the Lucky facility to remove the posting.   According to Mr. Sawyer, the business agent, the job stewards, and the candidates on the Constitutional Reform Slate have all denied posting the document.  While the union bulletin board is locked, Mr. Sawyer states, it "has a very simple key locking mechanism . . . [and] a number of people have been given keys . . . over the years."

Mr. Sawyer was unable to determine who had posted the document for the Constitutional Reform Slate, but asserts that "I can state unequivocally that no one with authority to do so authorized the posting."  Mr. Sawyer insists that the local union executive board "has not endorsed or otherwise advanced the candidacy of any candidate or slate."    

      The Election Officer has no reason to doubt the credibility of either the protester or the charged parties.  However, both parties agree that in the midst of a contested delegate election in Local Union 490, someone posted campaign material for one of the slates on a union bulletin board, where it apparently remained for a period of several weeks before it was removed.  The position of the local union executive board is that this and all union bulletin boards are reserved "solely for official and approved Union business."  Thus, the posting, while not authorized by the executive board, gave the Constitutional Reform Slate an unfair advantage over its opponents by suggesting an official endorsement by the local union, in violation of the Rules.

Steve MacDonald

February 20, 1996

Page 1

Therefore, the Election Officer GRANTS the instant protest and orders the following remedy:  Mr. MacDonald's slate, named the "Local 490 Teamsters for Carey slate," shall be allowed to post a one-page campaign document, on an 8½  11-inch sheet of paper, on the union bulletin board located in the lunchroom at the Lucky Stores Vacaville facility.  Within three (3) days of the issuance of this decision, the protester should give the document to Mr. Sawyer, who shall post it on the bulletin board by the following day for a minimum of fourteen (14) days.  Within two (2) days of posting the document, Mr. Sawyer shall file with the Election Officer an affidavit indicating his compliance with this order.

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:

Kenneth Conboy, Esq.

Latham & Watkins

885 Third Avenue, Suite 1000

New York, NY 10022

Fax (212) 751-4864

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

Matthew D. Ross, Regional Coordinator