March 25, 1996
VIA UPS OVERNIGHT
Donald J. Dunsmore
24290 Mt. Olive
Flat Rock, MI 48134
Rondal C. Owens, President
Teamsters Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
Re: Election Office Case No. P-605-LU299-MGN
Gentlemen:
This 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 Donald Dunsmore, a member of Local Union 299. The protester alleges that Local Union 299 informed him that it intended to post a notice of a steward election immediately following his nomination to run for delegate. He contends this information was conveyed to him in order to retaliate against him for his participation in the delegate election process, in violation of Article VIII, Section 11(f) of the Rules.
The local union responds that the proximity in time between Mr. Dunsmore’s nomination to run for delegate to the International convention and the posting of the notice of a special steward election was coincidental. The local union contends that the posting was made in accordance with local union bylaws and was not intended as retaliation.
The protest was investigated by Regional Coordinator William Wertheimer.
Conduct which is motivated by an alleged retaliatory purpose under the Rules is controlled by Article VIII, Section 11(f), which provides:
Donald J. Dunsmore
March 25, 1996
Page 1
Retaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other
person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules is prohibited.
The investigation discloses that the protester is an elected steward at E & L Transport. In January 1996, Mr. Dunsmore went on medical leave. His duties were then carried out by the alternate steward at E & L Transport. On February 16, 1996, Ed Vecchio, secretary-treasurer of Local Union 299, received a petition signed by more than half of the union workers at E & L Transport requesting a new steward election.[1]
According to Mr. Vecchio, upon receipt of this petition, he immediately directed
Billy Scott, the business representative responsible for E & L Transport, to contact
Mr. Dunsmore and inform him that a notice of the new election would be posted. Mr. Scott confirms that he was instructed on February 16, 1996 to contact Mr. Dunsmore concerning the new election posting.
Mr. Scott states that he called the protester that same day and left a message on
Mr. Dunsmore’s answering machine. Mr. Scott contends that he stated in this message that the protester should contact him regarding “a stewards election at his company.” According to Mr. Scott, he attempted to reach the protester at least twice more prior to March 10, 1996 when he was able to speak to Mr. Dunsmore via telephone. Mr. Scott states that he never received a response to these messages.
Mr. Dunsmore acknowledges that Mr. Scott spoke with him on March 10, 1996 and advised him that the election notice was soon to be posted. He denies receiving any earlier messages from Mr. Scott.
Earlier that same day, Mr. Dunsmore was nominated to run for delegate to the International convention at Local Union 299’s nomination meeting. He also states that he nominated and seconded “a number of others running for delegate and alternate” and that, during the meeting, his “name was mentioned a number of times.”
Mr. Dunsmore now contends that the timing of the steward election notice was intended to retaliate against him for his participation in the nomination meeting. He requests that the steward election be postponed until after the election of delegates and alternate delegates.
Donald J. Dunsmore
March 25, 1996
Page 1
The Rules prohibit retaliation for engaging in election-related conduct protected by the Rules. Wsol, P-095-IBT-CHI (September 20, 1995), aff’d, 95 - Elec. App. - 17 (KC) (October 10, 1995). Alleged violations of this section are not sustainable, however, unless there is some evidence which connects, expressly or through reasonable implication, the protested conduct with the exercise of a guaranteed right under the Rules. Giacumbo, P-100-IBT-PNJ (October 13, 1995). See also, Robbins, et al., P-013-IBT-SCE, et seq. (June 30, 1995), aff’d, In Re: Murphy, 95 - Elec. App. - 3 (KC) (July 26, 1995).
Scheduling a steward election requested in accordance with the local union bylaws, and notifying the membership that such an election will occur are legitimate functions of the local union. The duties of the local union require it to respond when a valid request for a new steward election is made by more than half of the relevant members. Such a request was made to the local union on February 16, 1996. Aside from the timing of the notice, Mr. Dunsmore has offered no evidence that this action was occasioned by a retaliatory motive implemented to affect the election process. The mere fact that these events occurred close together in time is insufficient to sustain an allegation of retaliation.
Accordingly, there is no violation of the Rules, and therefore the protest must be DENIED.
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
William Wertheimer, Regional Coordinator
[1]According to the bylaws of Local Union 299, a steward’s term of office is set at three years. A steward election may be conducted prior to the expiration of this term, however, if such an election is requested by a majority of the members in the steward’s shop.