Teamsters United, 2016 ESD 288

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TEAMSTERS UNITED,               )           Protest Decision 2016 ESD 288

                                                                        )           Issued: September 23, 2016

            Protestor.                                           )           OES Case No. P-356-082916-AT     

____________________________________)                      

Teamsters United filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Ken Hall, John Murphy, and Hoffa-Hall 2016 supporters violated the Rules by using a van owned by Joint Council 55 for transportation associated with the International officer candidates forum held August 25, 2016.

            Election Supervisor representative Paul Dever investigated this protest.

Findings of Fact and Analysis

The International officer candidates forum was conducted on Thursday evening, August 25, 2016, at the National Press Club in Washington, D.C.  Two candidates debated at the event, General President candidate Fred Zuckerman from the Teamsters United slate, and General Secretary-Treasurer candidate Ken Hall from the Hoffa-Hall 2016 slate.

Each candidate could request tickets for up to 50 individuals to attend the candidates forum.  Supplemental Rules for Conducting the International Officer Candidates Forum, Section I(6).  The forum’s invited audience was substantially comprised of supporters chosen by the candidates. 

Three officers and four business agents of Local Union 639, headquartered in Washington, DC, attended the forum with tickets provided by the Hoffa-Hall 2016 campaign.  They were President Tommy Ratliff, Secretary-Treasurer John Gibson, Vice President Phil Giles, and business agents Scott Clark, Wayne Settles, Bill Davis, and Darryl Haden.  They traveled from the Local Union 639 hall in northeast Washington to the forum venue using a van owned or leased by Joint Council 55, which has offices less than a mile away from the local union but parks the van at the local union.  According to Gibson, the van is available for local union officers to use for “official trips,” including rallies, protests, and the like.

Protestor Teamsters United asserted that the use of the van violated the Rules provision prohibiting use of union resources for a campaign purpose.  The protestor also claimed that Ken Hall, the Hoffa-Hall 2016 participant in the forum, and John Murphy, a principal of the campaign, used the van as well.

The candidates’ organization of individuals to attend the Candidates Forum as guests of the separate campaigns is partisan activity.  As such, supporters could not permissibly use union resources for transportation to the forum.[1]  Accordingly, we find that the use of the Joint Council 55 van by three officers and four business agents of Local Union 639 for transportation to the National Press Club constituted an impermissible use of union resources by campaign partisans to attend a campaign event.  Accordingly, we GRANT the protest with respect to these individuals.

We find no evidence to support the protestor’s allegation that Hall or Murphy used the van.  Accordingly, we DENY the protest with respect to these individuals.

Remedy

When the Election Supervisor determines that the Rules have been violated, he “may take whatever remedial action is deemed appropriate.”  Article XIII, Section 4.  In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process.  “The Election Supervisor’s discretion in fashioning an appropriate remedy is broad and is entitled to deference.”  Hailstone & Martinez, 10 EAM 7 (September 14, 2010).

            We order the officers and business agents of Local Union 639 to cease and desist from using union resources for a campaign purpose.

            We further order the seven individuals identified above who traveled to the forum in the union’s van to pay to Joint Council 55 the sum of $107.80, divided equally among them ($15.40 per person), which represents the cost of round-trip cab fare from the local union to the forum venue.[2]  Such payment shall be made no later than Monday, September 26, 2016.  A declaration of compliance shall be made under penalty of perjury to OES no later than Wednesday, September 28, 2016.  The purpose of these payments is strictly remedial in nature, to compensate the joint council for the commercially reasonable value of its van and to deter future use of union resources by the individuals involved.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision.  The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal.  Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2016 ESD 288

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