Hoffa-Hall 2016, 2017 ESD 371

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: HOFFA-HALL 2016,                      )           Protest Decision 2017 ESD 371

                                                                        )           Issued: January 17, 2017

            Protestor.                                           )           OES Case No. P-273-042916-NA     

____________________________________)                      

Hoffa-Hall 2016 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 Teamsters United received impermissible employer and union contributions in the form of partisan stickers posted on employer property and inside a union bulletin board at a UPS facility in Columbus OH.

            Election Supervisor representative Jeffrey Ellison investigated this protest.

Findings of Fact and Analysis

The protest, filed April 29, 2016, included two photos of “fred” pole stickers, the first said to be affixed to the side of a locker inside a UPS hub in Columbus OH, the second behind the glass cover of a bulletin board said to be an official union board at the same facility.  The protest did not provide the address of the facility or the number of the local union with jurisdiction over it.

Investigation showed that the facility that is the subject of the protest is located on Trabue Road in Columbus and is under the jurisdiction of Local Union 413.  Tony Jones is president of that local union.  He was also the local union’s lead delegate to the IBT convention, elected to that position when no candidates were nominated to oppose his slate at the November 1, 2015 nominations meeting.  Jones also was nominated as a candidate for IBT vice president – Central region on the Teamsters United slate and was elected to that position.

Under OES procedure, local unions that are the subject of a protest are served with the protest.  Such was not done in this case because the protest did not identify the local union involved.  Jones told our representative that he was notified of the protest indirectly at the time it was filed.  He took immediate action and was able to confirm that the stickers were placed at the locations alleged in the protest.  They were removed promptly upon discovery.

Jones was unable to determine who had posted the stickers in either location.  With respect to the union bulletin board, he confirmed that the board is kept locked, but the key to the board is maintained in a nearby unlocked locker that also contains grievance forms.

In other cases during this election cycle, we have held the posting of campaign material on employer or union property to be an improper endorsement of a candidate by the employer or the union.  Hoffa-Hall 2016, 2016 ESD 64 (January 8, 2016).  However, we have also held the prompt removal of the improper endorsement has often been sufficient remedy for the protest. Id. See also, Halstead, 2006 ESD 386 (October 26, 2006); Wright, 2006 ESD 361 (October 2, 2006); Leedham Slate, 2006 ESD 301 (July 5, 2006); Halstead, 2005 ESD 31 (June 6, 2005); Domeny, 2001 EAD 499 (October 5, 2001); Speak, 2001 EAD 239 (March 14, 2001). 

Here, the prompt removal of the “fred” pole stickers from the locker and union bulletin board at UPS-Columbus resolved this matter with no further remedy required.

Accordingly, we deem this protest RESOLVED.

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

            2017 ESD 371

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