IN RE: MICHAEL ELLISON,
Protest Decision 2001 EAD 162
Issued: February 13, 2001
OEA Case No. PR013112SO
Michael Ellison, a Local 19 member and delegate candidate, 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"). Ellison alleges that Local 19 members and delegate election candidates Ken Faulk, Ken Sauter, Rodney Rhoades, Morris Dixon and Lawrence Dildine improperly entered the Southwest Airlines ("Southwest") hangar located at Love Field in Dallas, Texas to campaign during the working hours of Southwest employees, with the consent of Southwest Airlines management. The protestor alleges a violation of Article VII, Section 11(e) of the Rules.
Election Administrator representative Dolores Hall investigated the protest.
Findings of Fact and Analysis
Rhoades is an employee of Continental Airlines in Houston and a candidate for delegate from Local 19. Faulk is an employee of Southwest in Houston and a candidate for delegate on the Rhoades slate. Dildine is an employee of Southwest Airlines in Dallas and an independent candidate for delegate from Local 19. Dildine is running against Rhoades and Faulk for the position of delegate. Neither Sauter nor Dixon is a candidate in Local 19's delegate election.
Each of the five charged parties serve on Local 19's contract negotiation committee (the "committee"), which was formed for the express purpose of setting bargaining priorities for upcoming contract negotiations. In addition, the committee is charged with educating newly organized members regarding trade unionism.
Rhoades, Faulk and Sauter concede that they planned a trip to International Extrusion in Waxahachie, Texas on January 29, 2001, to campaign in the parking lot for the delegate election. All three had that day off from work. Before that date, Dildine and Dixon asked Rhoades, Faulk and Sauter to stop at Southwest's Love Field hangar to talk to members about upcoming contract negotiations, since they would be in the area. They agreed to do so, and the committee members prepared a questionnaire about negotiation for distribution to the Southwest members.
When Rhoades, Faulk and Sauter spoke to the Southwest employees on the day shift, Dildine and Dixon were not present. Rhoades and Faulk, but not Sauter, returned later to talk to evening shift workers in a meeting in the break room in the hangar. The questionnaires were distributed to members at both sessions and information was exchanged regarding the upcoming contract. While it is not clear whether the meetings spilled over into work time, our investigation established that no campaign activity occurred during either meeting, with discussions being limited to upcoming contract negotiations. The protestor offered no evidence to the contrary. Moreover, there was no evidence that Southwest management even knew of the presence of the committee members.
We accordingly DENY the protest because no evidence was offered to support Ellison's allegations.
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 upon evidence that was not presented to the Office of the Election Administrator in any such appeal. 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, Tenth 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
2001 EAD 162
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
Penobscot Building
Suite 1800
645 Griswold
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
IBT Local 19
223 Wood Street
Grapevine, TX 76051
Ken Faulk
23319 Whispering Wood
Spring, TX 77373
Rodney Rhoades
2350 Marble Falls
Spring, TX 77373
Ken Sauter
4115 Sports Flyer Lane
Box 336
Brookshire, TX 77423
Morris Dixon
2550 Falcon Way
Midlothian, TX 76065
Laurence Dildine
16822 Hunter Pointe Drive
Dallas, TX 75428
Jim Sokol
Vice President of Maintenance
Southwest Airlines
2832 Shore Court Drive
Dallas, TX 75235
Dolores Hall
1000 Belmont Place
Metairie, LA 70001