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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

August 27, 1996

 

 

VIA UPS OVERNIGHT

 


Ron Bryan

August 27, 1996

Page 1

 

 

Ron Bryan

77 W. Dover Drive

Des Plaines, IL 60018

 

Daniel Hornbeck

Yellow Freight

10990 Roe Avenue

Overland Park, KS 66211


Jerry Blitstein

Yellow Freight

1000 S. Chadick

Wheeling, IL 60090


Ron Bryan

August 27, 1996

Page 1

 

 

Re:  Election Office Case No. P-878-LU705-CHI

 

Gentlemen:

 

Ron L. Bryan, a member of Local Union 705, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) against, Jerry Blitstein, a union steward for Local Union 705.  The protester contends that Mr. Blitstein, while still on working time, entered the break room at the Yellow Freight facility in Wheeling, Illinois, and posted two pieces of campaign literature supporting the election of Ron Carey for general president.  Mr. Bryan alleges that he saw Mr. Blitstein punch out at the employer’s time clock after he posted the literature.

 

Mr. Blitstein states that he moved Carey literature that was already posted on the bulletin board  away from Hoffa/Hogan literature on the bulletin board.  He believes that he did this after he punched out and therefore was not on work time.  He argues that even if he had posted Carey literature while on the clock, his conduct was “incidental campaigning” permitted by the Rules.

 

This protest was investigated by Regional Coordinator Julie E. Hamos.

 


Ron Bryan

August 27, 1996

Page 1

 

 

The investigation showed that Mr. Bryan posted information about a blood drive on the general purpose bulletin board in the break room.  Mr. Blitstein came into the break room where Mr. Bryan and Carol Milano, a fellow worker, were having a discussion.   Mr. Blitstein made a remark about a piece of campaign literature supporting Mr. Hoffa on the bulletin board and then left.  A few minutes later, Mr. Blitstein returned to the break room and posted two pieces of literature supporting Mr. Carey on the bulletin board.

 

Mr. Bryan and Ms. Milano contend Mr. Blitstein was on work time when he posted the campaign literature.  Mr. Blitstein contends he was not.

 

The Rules protect incidental campaigning on work time in order to ensure that as members interact normally during the course of their on-the-job responsibilities, that interaction may include campaigning.  See Benson, Post-67-LU104-RMT (April 16, 1991) (Use of a CB radio [for campaigning] while otherwise working . . . is exactly the type of normal shop talk the Rule on incidental campaigning was meant to [cover].) Benson, P-125-LU104-RMT (October 12, 1995) (Stopping truck and handing out a piece of campaign literature during work time is incidental.)

 

In assessing whether campaign activity falls within normal workplace interaction and is, thus, incidental, the Election Officer has looked to the absence of evidence that an employee failed to perform work, deviated from prescribed duties, or interfered with another employees work.  See Raymond, P-434-LU572-CLA, et seq. (March 14, 1996).  The Election Officer has also looked to employer tolerance of similar personal activity, and to the brevity of the campaigning.

 

Here the Election Officer finds it unnecessary to determine whether Mr. Blitstein was on work time when he posted the campaign literature.  The evidence demonstrates that even if

Mr. Blitstein posted the campaign material on work time, it was shortly before he punched out and he only engaged in campaign activity for a few moments.  In these circumstances, such conduct is incidental campaigning protected by the Rules.

 

Accordingly, the protest is 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

 


Ron Bryan

August 27, 1996

Page 1

 

 

Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 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

Julie E. Hamos, Regional Coordinator