Protest Decisions

IN RE: DAVID THORNSBERRY,
Protest Decision 2001 EAD 172
Issued: February 16, 2001
OEA Case No. PR020611MW

David Thornsberry, a Local 89 member 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"). Thornsberry alleges that Fred Zuckerman, Local 89's principal officer and a candidate for delegate, is seeking to have James Johnson, an elected shop steward at Active Transportation, removed as a steward in retaliation for Johnson running for delegate on an opposition slate. The protestor alleges a violation of Article VII, Section 11(g) of the Rules.

Election Administrator representative Dennis Sarsany investigated this protest.

Findings of Facts and Analysis

Thornsberry states that Zuckerman approached Johnson about running for delegate on the Zuckerman slate, composed of the current officers of Local 89 and their supporters. Johnson declined and ultimately accepted nomination for delegate and joined the United Rank & File slate, which opposes the Zuckerman slate. Subsequently, Russell Stevens and Tony Distler, two Local 89 members employed at Active, began circulating petitions at the workplace calling for the replacement of Johnson as steward. Thornsberry has no evidence that Stevens and Distler were acting at the instigation of Zuckerman or any member of his slate.

Zuckerman was aware of the activity at Active, but denies that he or any member of his slate has made an effort to remove Johnson as steward. Consistent with this, Stevens admits passing out a petition to recall Johnson, but denies doing so at the behest of Zuckermen or any member of his slate. Stevens states that when he learned that Johnson was affiliating with a slate that supported Tom Leedham for General President, he spoke with Distler and they agreed that a change in representation was warranted. Stevens states that it is his intention to remove Johnson from the position of steward because Johnson does not represent Stevens' political point of view. He claims that he is acting within his rights under the Local 89 bylaws.

The bylaws of Local 89 do provide for elected shop stewards of no set term. By implication, stewards can be removed at any time by vote of the members they represent.

The testimony of all witnesses was credible. The action of Stevens and Distler are consistent with a political dispute. While the decision to seek a new steward is clearly a response to Johnson's decision to affiliate with the United Rank & File slate, this does not constitute retaliation prohibited by the Rules. Stevens and Distler were within their rights in seeking Johnson's removal.

We according DENY the 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. 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 that 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 the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005, facsimile (202) 454-1501, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy, Election Appeals Master

Dennis Sarsany, Midwest Area Regional Director

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