Teamster Power, 2020 ESD 5
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: TEAMSTER POWER, ) Protest Decision 2020 ESD 5
) Issued: July 3, 2020
Protestor. ) OES Case Nos. P-007-063020-NE &
____________________________________) P-009-070120-NE
Teamster Power, a slate of candidates for International office, filed two pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”). Protest P-007-063020-NE alleged that Barry Russell, principal officer of Local Union 445, violated the Rules by stating an endorsement by the local union of the O’Brien-Zuckerman 2021 slate. Protest P-009-070120-NE alleged that Nathan “Jumbo” Daniels, elected trustee and business agent of Local Union 623, violated the Rules in a similar manner by stating that Local Union 623 endorsed the slate and candidates on it.
These protests presented similar facts and the same legal issue. For these reasons, they were consolidated for decision.
Election Supervisor representative Peter Marks investigated Case P-007-063020-NE protest. Election Supervisor representative Jeffrey Ellison investigated Case P-009-070120-NE.
Findings of Fact and Analysis
Wamon Hock III, member of Local Union 745, posted a comment on his personal Facebook page, “Damn right I support the OZ slate, Sean O’Brien and Brent Taylor! I am out front and in the open.” Russell, viewing Hock’s comment on his own Facebook page, replied “Local 445 is in full support. Let’s get this on.” Neither Local Union 445 nor its executive board has endorsed any candidate for International office, nor are they permitted to do so by the Rules.
Daniels posted on his personal Facebook page that “Teamsters Local 623 stands with Bill Hamilton . . . Teamsters United, Sean O’Brien-General President, Fred Zuckerman.” He also recorded and posted to his page several Facebook Live segments where he is campaigning and seeking accreditation petition signatures for the O’Brien-Zuckerman 2021 slate in the parking lot of the UPS facility where he serves as business agent. During these segments he repeated that Local Union 623 stands with the slate’s candidates. Segments of the Facebook Live recordings capture Daniels interacting with members he represents, asking if they need anything and urging them to call him if they do. The implication of these statements is that Daniels stands ready to perform his business agent responsibilities for any member requiring them. Principal officer Richard Hooker confirmed that neither Local Union 623 nor its executive board has endorsed any candidate for International office, nor are they permitted to do so by the Rules.
Article VII, Section 12(a) grants all members “the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.” However, “[t]he Rules protect campaigning as a personal right of IBT members and require that it be exercised that way.” Phelan, P-711-LU550-NYC (April 23, 1996), aff’d, 96 Elec. App. 184 (KC) (May 6, 1996).
Giving the false impression of employer endorsement by placing stickers or banners on employer property violates Article XI, Section 1(b)(2) as an impermissible employer contribution. Teamster Power, 2020 ESD 3 (July 3, 2020). So too, giving the false impression of union endorsement violates Article XI, Section 1(b)(3) as an impermissible union contribution. Rivers, 2011 ESD 137 (February 24, 2011) (campaign mailing stating that formal sub-entity of local union “backs” a candidate constitutes a prohibited statement of endorsement, even though the sub-entity had not made any actual endorsement); see also, Strohl, 2011 ESD 143 (March 2, 2011) (campaign mailing that did not identify sender and listed “International Brotherhood of Teamsters” on return address with no disclaimer constituted an impermissible endorsement); O’Brien-Zuckerman 2021, 2020 ESD 1 (June 23, 2020) (a steward’s group text message to rank-and-file members stating that “Local 122 is backing” a slate violated the Rules as an improper union endorsement).
Russell and Daniels retain the personal right to back and endorse candidates, but only in their individual capacities. As Russell and Daniels are also known to be elected officials of their respective local unions, statements they make about candidates that their local union “full[y] supports” or “stands with” convey a message of official endorsement by the union. They may not permissibly give the false impression that the union as such supports a candidate or slate.
For these reasons, we GRANT the protests.
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 direct the following remedy:
a) Barry Russell, as principal officer of Local Union 445, shall cease and desist from stating that the local union endorses or backs any particular candidate or slate of candidates for union office;
b) Jumbo Daniels, as elected trustee and business agent of Local Union 623, shall cease and desist from stating that the local union endorses or backs any particular candidate or slate of candidates for union office;
c) No later than July 7, 2020, Russell shall post the following text message on his personal Facebook page:
Local Union 445 is not backing any candidate or slate in the IBT officers election and is prohibited by the Election Rules from backing any candidate or slate. Every member has the right to support any candidate or slate or to refrain from supporting any candidate or slate. Please disregard the comment I posted previously that contained contrary information.
d) No later than July 7, 2020, Daniels shall post the following text message on his personal Facebook page:
Local Union 623 is not backing any candidate or slate in the IBT officers election and is prohibited by the Election Rules from backing any candidate or slate. Every member has the right to support any candidate or slate or to refrain from supporting any candidate or slate. Please disregard the comments I posted previously that contained contrary information.
We do not direct either local union to post a remedial notice because we find that the statements by Russell and Daniels did not occur in the workplace.
The remedy imposed is strictly remedial in nature and is intended to inform members of the requirements of the Rules and to undo the harm caused by the violations found here.
A decision of the Election Supervisor takes immediate effect unless stayed. Lopez, 96 EAM 73 (February 13, 1996).
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
2020 ESD 5
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
Kevin Moore
Mooregp2021@gmail.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Barry Russell
brussell@teamsterslocal455.org
Jumbo Daniels
Jumbo.daniels@teamsterslocal623.org
Teamsters Local Union 623
c/o Richard Hooker, Secretary-Treasurer
Richard.hooker@teamsterslocal623.org
Peter Marks
pmarks@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com