November 18, 1998
VIA FIRST CLASS MAIL
Thomas J. Livaudais
November 18, 1998
Page 1
Thomas J. Livaudais
10814 Harkwood Boulevard
Orlando, FL 32817
Andy Sokolowski, Supervisor
Trailer Conditions, Inc.
10851 Cosmonaut Boulevard
Orlando, FL 32824
Larry Chandler, Shop Manager
Trailer Conditions, Inc.
10851 Cosmonaut Boulevard
Orlando, FL 32824
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Arthur Z. Schwartz, Esq.
Kennedy, Schwartz & Cure
113 University Place
New York, NY 10003
Gary M. Tocci, Esq.
Schnader, Harrison, Segal
and Lewis
1600 Market Street
Philadelphia, PA 19103
Michael Stapleton, Secretary-Treasurer
Teamsters Local Union 385
126 N. Kirkman Road
Orlando, FL 32811
Thomas J. Livaudais
November 18, 1998
Page 1
Re: Election Office Case No. PR-331-LU385-EOH
Gentlepersons:
Thomas Livaudais, a member of Local Union 385, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against United Parcel Services (“UPS”). The protester alleges that UPS fired him in retaliation for his filing of an earlier protest against them, in violation of the Rules. UPS denies the allegation and asserts that Mr. Livaudais was fired for activity unrelated to the International Officer Election.
The protest was investigated by Election Office Staff Attorney Peter F. Gimbrère.
Thomas J. Livaudais
November 18, 1998
Page 1
The protester is a repairman at Trailer Conditions, Inc. (“TCI”), a wholly-owned subsidiary of UPS located in Orlando, Florida. In late August, 1998, Mr. Livaudais filed a protest against UPS alleging that supervisors at the TCI Orlando facility improperly prohibited him from displaying a campaign sticker on his personal tool box. In Livaudais, PR-255-LU385-EOH (September 24, 1998), the Election Officer found the protest to be resolved due to the fact that UPS had changed its policy and was now allowing campaign stickers to be displayed on personal property.
On October 2, 1998, Mr. Livaudais was using a company band saw during his break time to cut some wood for a personal project. Upon discovering Mr. Livaudais utilizing the company’s equipment, Andy Sokolowski, Mr. Livaudais’ immediate supervisor, called him into the main office and, after consulting with TCI Facility Manager Larry Chandler and Central Florida Automotive District Supervisor Douglas Anderson, fired Mr. Livaudais for “the unauthorized use of company material and equipment for personal use.”
According to Mr. Livaudais, other employees had used company equipment in a similar manner in the past but had never been disciplined. However, Mr. Livaudais failed to provide to the Election Officer any evidence in support of this argument.
On October 19, a local grievance hearing concerning the alleged improper termination of Mr. Livaudais was held pursuant to the collective bargaining agreement between TCI and the union. The hearing failed to resolve the matter. On November 11, 1998, the Southern Regional Grievance Panel reduced Mr. Livaudais’ termination to a two month suspension without pay, and Mr. Livaudais is scheduled to return to work at TCI on December 1, 1998.
On November 17, 1998, the Election Officer received a letter from Mr. Livaudais in which he expressed a desire to withdraw the protest. The Election Officer, finding that the withdrawal effectuates the purpose of the Rules, permits the protest to be WITHDRAWN.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Thomas J. Livaudais
November 18, 1998
Page 1
Sincerely,
Michael G. Cherkasky
Election Officer
cc: Kenneth Conboy, Election Appeals Master