IN RE: CURTIS MOORE,
Protest Decision 2001 EAD 225
Issued: March 9, 2001
OEA Case No. PR010816ME
Curtis Moore, a member of Local Union 115 and a candidate for delegate, 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"). His protest alleges he was removed from his position as chief shop steward in retaliation for his delegate candidacy and to advance the candidacy of the individual who replaced him.
Election Administrator representatives William Kane and William W. Thompson II investigated the protest.
Findings of Fact and Analysis
On January 5, 2001, Joe Waldron, assistant trustee and business agent of Local 115, announced Anthony Johnson as the new chief shop steward for the Sleighton School bargaining unit. Moore states he had been chief steward and was demoted when Johnson was elevated.
Moore asserts that Jocko Johnson, principal assistant to former secretary-treasurer John Morris, made him chief steward in 1995. Irene Walker, another steward at Sleighton, confirmed that Moore was chief, although neither could produce corroboration.
In Fall 2000, Moore missed several bargaining committee meetings and experienced serious health problems. On January 5, Waldron held a grievance meeting with available stewards at Sleighton. Moore did not attend. At the meeting, Waldron announced that Johnson would be chief steward because he "makes all the meetings."
Waldron states he did not know Moore was chief steward before this protest was filed. He said he had no problem with Moore as steward but thought Johnson was better. John Schmitt, the other assistant trustee of the local, said Johnson was made chief because he is "most knowledgeable."
Walker, a supporter of Moore, reported that Waldron promoted Johnson because Moore "was sick and couldn't make all the meetings."
Moore asserts that Waldron replaced him because of his political activity. Moore states he circulated Leedham petitions in the Sleighton parking lot in November 2000. He also points to his nomination on January 7 as delegate on a slate opposing the Jim Smith slate, the faction Waldron is alleged to support. In response, Waldron says that on January 5 he was unaware of Moore's petition activity and his intention to run for delegate. Although Moore asserts that Waldron promoted Johnson to advance Johnson's candidacy as alternate delegate, Johnson too was on a slate opposed to the Jim Smith slate.
Article VII, Section 11(g) of the Rules prohibits "[r]etaliation or threat of retaliation … for exercising any right guaranteed by … the Rules." To establish a violation of this provision, the protestor must show that conduct protected by the Rules was a motivating factor in the adverse decision or conduct in dispute. The Election Administrator will not find retaliation if he concludes that the union officer or entity would have taken the same action even in the absence of the protestor's protected conduct. Gilmartin, P32 (1/5/96), aff'd 95 EAM 75; Leal, P51 (10/3/95), aff'd 95 EAM 30; Wsol, P95 (9/20/95), aff'd 95 EAM 17.
The evidence shows that Waldron made Johnson chief steward unaware that Moore had been chief, had campaigned for Leedham, or intended to run for delegate. Under these circumstances, we find Waldron did not retaliate against Moore for activity protected by the Rules, and we therefore 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 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 (fax: 202-454-1501), all within the time 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 225
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
Curtis Moore
4952 North 19th Street
Philadelphia, PA 19141
IBT Local 115
2833 Cottman Ave.
Philadelphia, PA 19149
William B. Kane
242 Old Haymaker Road
Monroeville, PA 15146
William W. Thompson II
Zwerdling, Paul, Leibig, Kahn, Thompson & Wolly, P.C.
1025 Connecticut Avenue, N.W.
Suite 712
Washington, D.C. 20036