Bunch, 2021 ESD 175
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: SCOTT BUNCH, ) Protest Decision 2021 ESD 175
) Issued: November 5, 2021
Protestor. ) OES Case No. P-200-102621-SO
____________________________________)
Scott Bunch, member of Local Union 480, 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 James Curbeam, candidate for IBT at large vice president on the Teamster Power slate, violated the Rules by campaigning inside the employer gate at a YRC facility in Nashville TN.
Election Supervisor representative Dolores Hall investigated this protest.
Findings of Fact and Analysis
On October 25, 2021, Curbeam campaigned for 4 hours in the employee parking lot at YRC’s terminal. Protestor Bunch alleged that part of the campaigning occurred not in the parking lot but inside the gate.
Bunch did not witness the activity he protested. He presented 2 witnesses who told our investigator that they observed Curbeam campaigning in the parking lot and then walking and talking with a member as the member proceeded through the gate. Neither witness heard the conversation Curbeam had with the man, but they “assumed” he was campaigning, although they acknowledged they did not see Curbeam distribute campaign material inside the gate.
Curbeam told our investigator he confined his campaign activity to the parking lot. He said that the man he spoke with was an old friend he was updating on the recent illness and death of a mutual acquaintance. Curbeam stated that he walked with the friend during this conversation and, when he reached and passed through the gate a few feet, he set his campaign material down to continue the conversation. He denied that he campaigned to the friend or asked for his vote inside the gate. The friend corroborated this evidence in every particular.
No work activity generally occurs immediately inside the employer gate in question, and none was occurring during Curbeam’s conversation with his acquaintance.
The Rules prohibit campaigning in work areas to employees on work time. Curbeam did not violate this prohibition.
Accordingly, we DENY this protest.
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 175
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
Scott Bunch
Bunch60@gmail.com
James Curbeam
teamsterspowercurb@gmail.com
Teamsters Local Union 480
Lendon Grisham
lendongrisham@tlu480.com
Dolores Hall
dhall@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com