Protest Decisions

IN RE: RONALD LAWRENCE,
Protest Decision 2001 EAD 190
Issued: February 23, 2001
OEA Case No. PR021513ME

Ronald Lawrence, a member of Local 115, 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"). Lawrence alleges that Local 115 steward, Bernadette Bonner, is interfering with his campaign by removing his flyers from general-use bulletin boards.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

Ronald Lawrence is an employee with Laidlaw Transit at its Newton, Pennsylvania facility and a Local 115 candidate for delegate. He stated that since February 14, 2001, his campaign flyers have been removed from bulletin boards at the Newton facility. He stated that the bulletin boards there are communal and generally used for announcements, newspaper clippings, thank-you cards, etc.

All parties agree that this problem has never been addressed at this Laidlaw facility. This election is the first contested election at Local 115 since the Laidlaw employees were unionized.

Findings of Fact

There are three bulletin boards at the Newton facility. All three are located in the same area. One large board is used for company business such as sign-up sheets, route sheets and rosters. A second medium-sized board is used for union business. A third and smaller board situated between the other two boards is used for personal business such as newspaper clippings and thank-you cards. If personal items are posted on the company or union boards they are removed. Although the boards have specific designations, they have never been labeled as such and periodically materials from the company, union or employees would be posted on the wrong board. However, the improper use of the boards has previously not been a problem at the facility.

Both Bernadette Bonner, a steward at Laidlaw, and Barbara DeValerio, a supervisor at Laidlaw, stated that Lawrence's flyers almost completely covered the company and union bulletin boards. The flyers were all the same except they were printed on different colored paper. They also stated that Lawrence placed the literature in buses, on soda machines and in employee's key boxes. According to Bonner, DeValerio and another management representative approached her about the flyers because there was no space left to post company material and dispatch was unable to post their work schedules. She stated that she made a request of the drivers in the drivers' lounge to inform Lawrence that he should not post on "that" board. Although Bonner did not specify which board, she stated that the drivers knew that she was referring to the company board. Bonner then removed all of the flyers, save one that was posted on the union board.

DeValerio stated that Laidlaw has no problem with the posting of campaign materials. However, the workplace was "out of control" and she needed to keep the area "neat and clean." For these reasons, on February 15, 2001, DeValerio clearly labeled the bulletin boards per their intended use.

Lawrence, however, stated that he posted a total of three flyers on the bulletin boards. He claims that the flyers that were placed in the buses belonged to another slate but he admitted to putting flyers in the key boxes. However, when his supervisor asked him not to do so, he removed them. When Lawrence's flyers were removed from the bulletin board, he stated that he told DeValerio that he had a right to post campaign literature on the bulletin boards. DeValerio then agreed to take care of the problem. Lawrence admitted that the flyer that was posted on the bulletin board designated for union business was not removed.

Analysis

Article VII, Section 11 (d) of the Rules states that:

No restrictions shall be placed upon candidates' or members' preexisting rights to use employer or Union bulletin boards for campaign publicity. Similarly, no restrictions shall be placed upon candidates' or members' preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises. Such facilities and opportunities shall be made available to all candidates and members on a non-discriminatory basis.

The right to post on bulletin boards is determined by past practice. Rodriguez, P348 (February 1, 1996). Although there is no past practice established with regards to campaign materials at the Laidlaw facility, there is a past practice with regard to general use. In Cassella, P794 (July 15, 1996), the Election Officer stated that employees have a preexisting right to post campaign materials on bulletin boards that are used for general purposes.

Past practice at the facility shows that non-company-related items were removed when posted on the company bulletin board. Also, when Lawrence posted his flyers on the boards, only those posted on the company board were removed. For these reasons, we find that at the Laidlaw facility, employees have a pre-existing right to post materials on the union bulletin board. However, there is no such right with regard to the company bulletin board. Nor is there any right to inundate the board with numerous flyers. Therefore, Bonner did not violate the Rules when she removed the flyers from the company bulletin board.

Bonner also did not violate the Rules when she made the announcement in the drivers' lounge. We credit her statement that she was only referring to the company board and the fact that she only removed flyers from the company board corroborates this.

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 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 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, 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

William B. Kane, Mideast Area Regional Director

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