Teamster Power, 2021 ESD 163
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: TEAMSTER POWER ) Protest Decision 2021 ESD 163
) Issued: October 20, 2021
) OES Case Nos. P-194-102021-SO
Protestors. )
____________________________________)
Teamster Power, a slate of candidates for International office, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that stickers supporting the O'Brien-Zuckerman 2021 slate were affixed to employer property, in violation of the Rules.
Election Supervisor representative Dolores Hall investigated this protest.
Findings of Fact and Analysis
A photo attached to the protest showed that O'Brien-Zuckerman 2021 slate stickers affixed to the pedestrian door employees use to access the facility at USF Holland in Olive Branch MS.
Investigation did not identify the person who posted the stickers. At our investigator’s request, the job steward employed at the facility removed the stickers on October 20, 2021, the same day the protest was filed. The steward also located and removed other stickers supporting the O'Brien-Zuckerman 2021 slate affixed to a trash receptacle inside the facility.
As we have said, the posting of campaign material on employer property violates the Rules. Hoffa-Hall 2016, 2016 ESD 64 (January 8, 2016); Teamster Power, 2020 ESD 3 (July 3, 2020). As Election Officer Quindel said in Hoffa, P-1073-IBT-MOI (October 16, 1996):
Putting such material on an employer’s truck or equipment has the effect, under the Rules, of causing the employer to make an improper campaign contribution, in violation of Article XI, Section 1(b)(2), even if the affixing of the sticker was against employer policy. Putting stickers on employer trucks or equipment can also create a false impression of employer endorsement, which would be another form of improper campaign contribution. See Feeley, P-874-LU817-MGN (September 17, 1996); Maney, P-956-IATSE-NYC et seq. (October 2, 1996), aff’d, 96 Elec. App. 251 (KC) (October 15, 1996); Knox, P-1006-SFD-MGN (October 14, 1996).
Furthermore, under Article XI, Section 1(b)([13]) of the Rules, International officer candidates “are strictly liable to insure that each contribution received is permitted under the Rules.” Therefore, affixing a campaign sticker or sign to an employer truck or other piece of equipment results in a violation of the Rules on the part of the candidate who the member intends to support.
Based on these precedents, the O'Brien-Zuckerman 2021 slate stickers on employer property at USF Holland violate the Rules. The prompt removal of the stickers by the job steward mitigates the harm the stickers caused.
Pursuant to our order in Glimco & Wimunc, 2021 ESD 160 (October 18, 2021), the O'Brien-Zuckerman 2021 slate has implemented further safeguards to minimize or eliminate the use of employer assets to display its campaign stickers, flyers, and placards.
To supplement this remedy, we direct the principal officer of Local Union 667, no later than Friday, October 22, 2021, to send by email or text message to business agents and stewards who have authority to represent or act on behalf of the local union at any worksite under its jurisdiction the following message:
The Election Supervisor for the election of IBT International officers has ruled that posting of campaign stickers, signs, placards, and flyers to employer property and equipment violates the Election Rules.
By order of the Election Supervisor, you are directed to remove and dispose of any campaign sticker, sign, placard, or flyer you see affixed to any employer door, wall, window, fence, post, truck, hi-lo, or other building fixture or equipment.
This order remains in effect through November 15, 2021.
We order the principal officer of Local Union 667 to submit a written declaration to OES no later than Friday, October 22, 2021 that he has complied with this order, together with a copy of the communication sent to business agents and stewards.
On this basis, 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. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.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, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2021 ESD 163
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Scott Jenkins
scott@oz2021.com
Teamsters Local Union 667
James Jones III
jejones@teamsters667.com
Dolores Hall
dhall@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com