IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 297
Issued: April 9, 2001
OEA Case No. PT030718MW
Katherine Kleckner, a member of Local Union 743, filed a post-election protest pursuant to Article XIII, Section 3 of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). She alleges that Bob Walston, Thor Hestor and Reggie Ford violated the Rules by attending the challenged ballot process on time paid by the union.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
On March 5, 2001, the local held its meeting to resolve challenged ballots. Walston, Hestor and Ford, union employees all, attended the meeting on union-paid time as observers for Hoffa Take Back candidates.
The protestor argues that the three violated Article VII, Section 11(a), which prohibits use of union-paid time for campaign purposes. We agree and GRANT the protest. We also find that the local union's compensation of Walston, Hestor and Ford for time spent as observers violates Article XI, Section 1(b)(7) of the Rules, which prohibits use of union resources to promote the candidacy of any individual. We also note that Article IX, Section 1(f) of the Rules, which provides that "[t]ime spent observing shall be considered as time spent on Union business…," is addressed only to the means by which employees are to be excused from work to serve as observers, and not to their compensation by their local union for time spent performing that service.
In making this determination, we have also relied on information received from the IBT, which has informed us that past practice in prior delegate elections has been that observers employed by local unions have been required to take vacation or unpaid time off in order to serve as election observers.
Remedy
When the Rules have been violated, the Election Administrator "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator considers the nature and seriousness of the violation, as well as its potential for interfering with the election process.
Since union resources were improperly used to pay Walston, Hestor and Ford for their service as observers, we order that on or before April 16, 2001, each shall deliver a check to the Election Administrator equal to the full amount of their compensation costs borne by Local 743 for the time each spent as an election observer for the Hoffa Take Back candidates. Accompanying that payment shall be a sworn affidavit by each describing the manner in which the amount paid was calculated.
An order of the Election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73 (February 13, 1996).
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 297
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
Katherine H. Kleckner
5013 S. Ridgeway Avenue
Chicago, IL 60632
IBT Local 743
300 S. Ashland Avenue
Chicago, IL 60607
Julie Hamos
203 North Wabash
Suite 1800
Chicago, IL 60601
Bob Walston
7133 S. 86th Avenue
Justice, IL 60458
Thor Hestor
IBT Local 743
300 S. Ashland Avenue
Chicago, IL 60607
Reginald Ford
14814 S. Honore
Harvey, IL 60426
Dennis M. Sarsany
1829 Eddy Street
Chicago, IL 60657