Piercy, 2021 ESD 154

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: STEPHEN PIERCEY,                    )           Protest Decision 2021 ESD 154

                                                                        )           Issued: October 11, 2021

Protestor.                                           )           OES Case No. P-176-100121-MW

____________________________________)

Stephen Piercey, member of Local Union 89, 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 a Teamster Power supporter violated the Rules by affixing a campaign sticker to an employer-owned bollard at an employer facility and that a Teamster Power candidate furthered the violation by posting a photo containing the sticker to Facebook.

Election Supervisor representative Joe Childers investigated this protest.

Findings of Fact and Analysis

            This is the third protest filed by Piercey alleging that Teamster Power campaigners affixed campaign signs to employer assets.  In Piercey, 2021 ESD 143 (September 17, 2021), we found that a cardboard campaign placard 6 feet by 3 feet was affixed to a chain-link fence at an ABF facility in Chicago Heights IL for approximately 1 hour on July 23, 2021.  In Piercey, 2021 ESD 149 (September 29, 2021), we found that 2 small campaign signs were hung from employer fencing during the half hour parking lot campaigning was occurring there.

In those cases, we reiterated that Article VII, Section 12(e), which permits members and candidates to campaign in employer parking lots where members park their personal vehicles for work, does not permit members to hang or affix campaign banners or placards from such employer assets.  Citing Teamster Power, 2020 ESD 4 (July 3, 2020), we ordered the Teamster Power slate and its supporters to cease and desist from such use and to remove from its campaign social media all photos that depicted the impermissible use of employer fencing to campaign.  In each such case, we were assured by counsel for the Teamster Power slate that written instructions had been given to candidates and top-level campaign operatives about the Rules’ requirements generally and the prohibition on use of employer assets to campaign in particular.

The instant protest alleged that a so-called “pole sticker” was affixed to employer property.  Investigation showed the sticker was posted to a bollard, a security post, 4½ feet tall that protects the pedestrian entrance to First Student in Batavia IL, a worksite under the jurisdiction of Local Union 777.  A photo was posted to Facebook depicting Ron Herrera, candidate for IBT General Secretary-Treasurer on the Teamster Power slate, and James Glimco, principal officer of Local Union 777, standing next to the bollard.  Herrera and Glimco campaigned at the worksite on Wednesday, September 29, 2021.  The photo was posted the next day on the Vairma-Herrera Teamster Power Facebook page. 

Glimco informed our investigator that the sticker was removed from the bollard on October 1, 2021, after the protest concerning it was filed.  He denied seeing the sticker when he campaigned at the site, further denying any knowledge as to when the sticker was posted and who posted it.  The union steward at the facility confirmed to our investigator that he removed the sticker on October 1, 2021, after receiving instructions from Glimco to do so.  He likewise denied knowledge of the particulars of the Rules violation.

The Teamster Power campaign curates photos for posting on the slate’s social media.  The person who posted the photo of Glimco, Herrera, and the bollard bearing the campaign sticker said he did not notice the campaign sticker in the photo.

On these facts, we GRANT the protest.

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).

 In the two previous Piercey cases, we ordered that Teamster Power and its supporters cease and desist from fixing campaign signs to employer fencing and similar property when campaigning in employer parking lots.  We further ordered that the campaign insure that photos depicting campaign use of employer fencing not be disseminated.  These cease-and-desist orders have proven insufficient to curb the impermissible conduct of the slate, as evidenced by the fact that the slate’s candidate for the second highest position in the IBT violated the rule and the slate’s social media amplified the violation.

Accordingly, we order the following remedy:

1. The previous cease-and-desist orders remain in effect;
2. The Teamster Power slate is ordered to remove the photo of Glimco, Herrera, and the bollard bearing the sticker from all social media it controls;
3. The Teamster Power slate is ordered to remit a fine to the Election Supervisor in the amount of $500 no later than Wednesday, October 13, 2021;
4. Local Union 777 is ordered to post the notice attached to this decision to the union’s bulletin board at the First Student facility in Batavia IL no later than Wednesday, October 13, 2021, and maintain the posting there through November 15, 2021.  The principal officer of the local union is further ordered to submit a declaration of notice posting, together with a photo of the notice as posted on the union bulletin board, to OES no later than Wednesday, October 13, 2021.

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 154

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

Stephen Piercey

spierceyteamsters@gmail.com

Teamsters Local Union 777

James Glimco

vespaitaly@gmail.com

Joe Childers

jchilders@ibtvote.org

Bill Broberg

wbroberg@ibtvote.org

Jeffrey Ellison

EllisonEsq@gmail.com