IN RE: GARY COLLETT,
Protest Decision 2000 EAD 66
Issued: December 19, 2000
OEA Case No. PR111002MW
Gary Collett, a member of Local 26, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules")against Connie Dennis, a business agent for Local 26. Collett alleges that Dennis has violated Article VII, Section 11(b) of the Rules, which provides that "officers and employees (and other members) of the Union may not campaign on time that is paid for by the Union." If proved, the allegation would also state a violation of Article XI, Section 1(b)(7), which states a similar prohibition, and Article XII, which incorporates the provisions of Section 401(g) of the LMRDA insofar as it regulates conduct related to the election of IBT convention delegates and International officers.
Election Administrator representative Lisa Taylor investigated the protest.
Because we find that the campaign activity here was limited to Local 26's officer elections, we find that the protest is beyond our jurisdiction under the Rules and must be dismissed.
Findings of Fact
Collett claims that Dennis has used her regular meetings with stewards each Tuesday at Rantoul Products to engage in campaign activities. Collett is paid by Local 26 to attend these meetings. In particular, Collett attacks the alleged distribution by Dennis at one of these meetings of a letter that is critical of him. That letter, which is attached to the protest herein, attacks Collett's candidacy for president of Local 26. It does not mention the local union's delegate elections, or Collett's candidacy in those elections.
Mike Ebert, a Rantoul employee referred by Collett, stated that on two occasions he witnessed Dennis campaigning on Rantoul property. The first occasion was in the break room during what he admitted to be a stewards meeting. Ebert claims that during this meeting, he heard Dennis say, "I will win" to a maintenance worker. Ebert claims that after the meeting the stewards left behind copies of the campaign letter relating to Collett's candidacy for president of Local 26 that is attached to the protest. On another occasion, Ebert claimed, Dennis was in the parking lot, near the front door of the plant handing out similar campaign flyers.
Dennis denies that the protested activity occurred at arbitration meetings with Rantoul. Dennis claims that every Tuesday she meets with her union stewards in the Rantoul break room for one hour before the arbitration meetings. She admits that she gave stewards a copy of the campaign letter attached to the protest at one of the Tuesday meetings.
Dennis also claims that Collett responded to this letter via a letter that was distributed at the Rantoul plant. Dennis claims that a letter in response to Collett's letter was then distributed at Rantoul. Neither of the letters attacking Collett mentions the delegate elections; both attack Collett's candidacy for president of the local.
Don McDonald, a local 26 steward at Rantoul Plant 1, confirmed that Dennis has weekly steward meetings at Rantoul every Tuesday. McDonald stated that the purpose of this meeting is to keep the stewards informed about union matters and grievances, and claims that these meetings have been held for over three (3) years. McDonald stated that Dennis gave copies of the initial letter attacking Collett's candidacy for president to those who attended one of these steward meetings. McDonald stated that in his opinion Dennis' act of handing out the letter did not appear to be campaigning and Dennis has never engaged in campaign activity during the steward meetings.
Analysis
The preamble to the Rules provides that "[t]he Election Administrator's authority to supervise the electoral process … is limited to the nomination and election of International Convention delegates and alternate delegates and the nomination and election of International officers. These Rules are not applicable to elections of IBT subordinate body officers."
Here, the investigative record establishes that the campaign material distributed by Dennis dealt only with Local 26's officer elections. Thus, even if Dennis distributed this material on union-paid time, this does not state a violation of the Rules. Hale, 2000 EAD 61 (December 12, 2000) The question whether the distribution of the local union election campaign materials here occurred during union-paid time, in violation of Section 401(g) of the LMRDA, 29 U.S.C. §481(g), must therefore be left to another forum.
For the foregoing reasons, the protest is DENIED.
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 in any such appeal upon evidence that was not presented to the Office of the Election Administrator. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street, NW, 10th Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2000 EAD 66
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
645 Griswold
Penobscot Building
Suite 1800
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Garry Collett
1205 N. Charter Oak Circle
Mahomet, IL 61853
Connie Dennis
IBT Local 26
605 N. Logan Street
Danville, IL 61834
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657