IN RE: DANA STOCKTON,
Protest Decision 2001 EAD 292
Issued: March 31, 2001
OEA Case No. PR032213SO
Dana Stockton, a member of Local 41, 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"). She alleges that fellow member Michael Vann, who works with her at Consolidated Freightways )"CF"), violated Article VII, Section 11(a) of the Rules when he wore a campaign button in support of a candidate slate in the local's delegate election during a fire safety meeting at CF.
Election Administrator representative Dolores Hall investigated the protest.
Findings of Fact
Vann is a candidate on one of the slates in Local 41's delegate election. He also serves on CF's safety committee. He joined the committee three years ago, after CF posted an announcement seeking employee volunteers, and after the terminal manager asked him to join. Stockton also served on the committee for a time, but has since resigned. All employees have the opportunity to serve on the committee. Appointment does not depend on union status.
On March 21, 2001, the committee held a mandatory fire safety meeting for CF workers. Vann and supervisor Pat Ramsey gave a presentation, and Vann wore a button in support of his slate during the meeting. Stockton alleges that this violates the Rules.
Analysis
To guard against the appearance of local union support for any particular delegate candidate or slate that might be created when a representative of the union wears campaign insignia while dealing with any third party as representatives of the union, such displays by representatives of the union serving as such are prohibited. See Advisory on Wearing of Campaign Buttons and Other Emblems (October 10, 2000), and Addendum to Advisory on Wearing of Campaign Buttons and Other Emblems (March 8, 2001). This restriction applies not only to union officers, business agents and full-time employees, but also to any member who represents the union in dealings with third parties. Id.
Here, however, there is no evidence that Vann acted as an agent or representative of his local union while serving on the CF safety committee. Instead, he was appointed to and serves on that committee solely as an employee, just as Stockton did when she served. Accordingly, we 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 (facsimile: 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 292
DISTRIBUTION LIST (BY AIRBORNE EXPRESS):
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 377
1223 Teamsters Dr.
Youngstown, OH 44502
Dana Stockton
c/o Phil Young
IBT Local 41
4501 Van Brunt Blvd.
Kansas City, MO 64130
Michael Vann
c/o Dennis Speak
6907 North Brookside
Liberty, MO 64068
Dolores Hall
1000 Belmont Place
Metairie, LA 70001