This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

November 19, 1996

 

VIA UPS OVERNIGHT

 


Debra McBride

November 19, 1996

Page 1

 

 

Debra McBride

6240 Meadow Lane

Salisbury, NC  28147

 

John A. “Tony” Ford, President

Teamsters Local Union 71

5000 N. Tryon Street

Charlotte, NC  28213


United Parcel Service

1301 Old Concord

Salisbury, NC  28144

 

Martin Wald

Schnader, Harrison, Segal & Lewis

1600 Market Street, Suite 3600

Philadelphia, PA  19103


Debra McBride

November 19, 1996

Page 1

 

 

Re:  Election Office Case No. P-1188-LU71-SEC

 

Gentlepersons:

 

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

Debra McBride, a member of Local Union 71.  Ms. McBride alleges that UPS terminated her employment because she was actively campaigning for the Ron Carey No Corruption-No Dues Increase slate.  Specifically, Ms. McBride states that UPS videotaped her leafleting on behalf of the Carey campaign at a UPS facility in Charlotte, North Carolina, and attending a Carey fundraising dinner in Burlington, North Carolina.

 

In response, UPS denies terminating Ms. McBride because of her campaign activity.  UPS states that Ms. McBride was terminated for fraud.  The company states that Ms. McBride was videotaped in the course of an investigation undertaken by UPSs insurance carrier in connection with a workers compensation claim filed by the protester.  UPSs position is that Ms. McBride was terminated because the videotape showed that she was not as disabled as she had alleged while collecting workers compensation benefits.

 

This protest was investigated by Regional Coordinator J. Griffin Morgan.


Debra McBride

November 19, 1996

Page 1

 

 

The investigation disclosed that Ms. McBride is a 20-year UPS employee, working as a package car driver at UPSs center in Salisbury, North Carolina.  She is an active IBT member, having campaigned in support of Mr. Carey in 1991 and 1996.  In 1995,

Ms. McBride suffered a work-related back injury. Ms. McBride was out of work from

July 1995 until October 17, 1996.  She returned to work on October 17, but on October 23 was taken from work by ambulance to the hospital after complaining of back pain and spasms. 

 

UPS states that its workers compensation insurance carrier, Liberty Mutual, investigated Ms. McBride and found that she engaged in several activities demonstrating that she did not have the disability she had alleged.[1]  Therefore, it terminated her for fraud.

 

The investigation revealed that pursuant to the collective bargaining agreement between UPS and the union, a grievance has been filed by the local union concerning the termination of  Ms. McBride.  The Election Officer has determined to defer her decision in this matter until the conclusion of the grievance procedure pursuant to the collective bargaining agreement.  Pursuant to the Rules, the Election Officer has jurisdiction and authority to determine the instant protest on its merits.  Further, the Election Officer is not bound, in whole or in part, by the decision reached in the grievance proceedings or by any findings of fact and conclu-sions of law made during the grievance procedure.  See Golubovic, P-025-LU710-CHI

(July 21, 1995); Star Market, P-760-LU25-ENG, affd, 91 - Elec. App. - 187affd, U.S. v. IBT, 776 F.Supp. 144, affd, 954 F.2d 801 (2d Cir. 1992). 

 

Thus, while the Election Officer will defer her decision in this matter, she has the authority to conduct an independent investigation of the allegations of the protest and issue a decision on the merits of the protest based upon her determination and evaluation of the evidence presented to her in such independent investigation. Ms. McBride is advised to inform the Election Officer of the outcome of this matter following completion of the grievance procedure under the collective bargaining agreement.

 

Based upon the foregoing, the protest is DEFERRED.

 

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


Debra McBride

November 19, 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

J. Griffin Morgan, Regional Coordinator

 


[1]These activities included campaigning for the Carey campaign.