IN RE: STEVEN SANTOS,
Protest Decision 2001 EAD 318
Issued: April 18, 2001
OEA Case No. PR040913NE
Steven Santos, a Local 804 member and delegate candidate on the Leedham Rank and File slate (the "Rank & File slate"), a slate composed wholly of delegate candidates, 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"). Santos alleges that candidates on the Redmond slate, a competing slate comprised wholly of delegate candidates, made campaign phone calls using union resources during work hours.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
On Tuesday, April 3, 2001, Santos went to Local 804's union hall. First, he visited the credit union in the rear of the hall. Afterward, he walked through the parking lot to the front of the building. While in the lot, Santos and Pat Defelice, a business agent and delegate candidate on the Redmond slate, saw each other. Santos says that he and Defelice acknowledged each other in the lot.
Santos then went to the front of the hall, where he entered and waited to speak with business agent Johnnie Brown about a matter unrelated to the delegate election. While in the greeting area, Santos heard business agents and organizers engaging in conversations, although he did not hear the content of these conversations. From his view in the greeting area, Santos saw business agent and Redmond slate delegate candidate Jimmy Walker on the phone. He also heard secretary-treasurer Tony Magrene, a Redmond slate candidate, engaging in a conversation. Santos said that Defelice came from the back of the hall and greeted him loudly, thereby prompting business agents and organizers to end their conversations. Santos says that he saw Walker cup his mouthpiece and look at him upon Defelice's greeting.
Santos said that after he left the union hall, he heard from a few members that they had received phone calls during the day on behalf of the Redmond slate. Santos believes that the delegate candidates on the Redmond slate used union resources to make these calls. He believes that this explains the sudden quietness at the hall after Defelice said hello.
Defelice said that he was in the hall for about ten minutes on April 3, 2001. He came to the hall with an alternate steward to retrieve materials for an appointment at the National Labor Relations Board. While in the lot, he says he beeped at Santos. According to Defelice, Santos stared at him but made no gesture in response. Defelice entered the hall through the back entrance (through the credit union). While in the hall, Defelice took a couple of minutes to greet five or six retirees in the cafeteria. Next, Defelice went to his office to pick up the materials for the labor board appointment and to check his mail. While walking to his office, Defelice passed the greeting area, as usual. When he saw Santos, Defelice greeted him loudly, in part because Santos had not acknowledged Defelice in the parking lot. Defelice then left the hall.
Walker said that he did not hear Defelice greet Santos. Walker said that he acknowledged Santos while on the phone. Walker could not recall what he was talking about at the time, but he stated that there was no campaigning. Walker said that he did not know of any phone campaigning by his slate and that his slate campaigns in person. To Walker's knowledge, Santos was simply waiting to meet with someone, and this was just a normal day, some of which was spent on the phone.
Magrene, whose office cannot be seen from the greeting area, said that he did not even know that Santos had been at the hall until Santos had left. Magrene said that no campaign calls were made by Redmond slate candidates or supporters. Magrene said that the Hoffa campaign called Local 804 members on behalf of the Redmond slate.
Santos has provided insufficient evidence to prove a violation. Santos did not hear anyone at the union hall discussing the delegate election. Likewise, he has been unable to identify anyone who allegedly used union resources to make calls on behalf of the Redmond slate. 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 (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 318
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
IBT Local 804
34-21 Review Ave.
Long Island City, NY 11101
Redmond Slate
Howard Redmond
Anthony Magrene
c/o IBT Local 804
34-21 Review Ave.
Long Island City, NY 11101
Patrick Defelice
100 Hillside Park Drive
New Hyde Park, NY 11040
Johnnie Brown
110-12 Ditmars Blvd.
E. Elmhurst, NY 11369
Steven Santos
88-31 Aubrey Avenue
Glendale, NY 11385
David Reilly
Reilly, Oliver & Olsen
22 W. Main St.
North Kingstown, RI 02852