IN RE: ROBERT HIGDON,
Protest Decision 2001 EAD 346
Issued: May 4, 2001
OEA Case No. PR040612MW
Robert Higdon, member and alternate delegate candidate in Local Union 734, 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"). He alleges the local union newsletter impermissibly promoted the candidacy of the Meidel slate.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
Higdon contends two articles in the April edition of Local 734's newsletter impermissibly promoted the candidacy of the Meidel slate: the president's report and an article that accompanies a member's letter about insurance.
The president's report: In his editorial, local president Brian Meidel recounted that the union was successful in 2000 because "we stayed focused on the concerns of the membership, fought for the needs of the membership, and made our union stronger for the membership." He then wrote:
Now, looking ahead at the year 2001, what challenges will Teamster members face? If history is any judge (and I believe that it is) then the anti-union forces will stop at nothing in their attacks upon workers. The enemies of working men and women in general, and of Teamsters in particular, will undoubtedly try to make our lives miserable. This is why we will need your continued support, help and participation to stand up against the latest attacks upon our rights.
Higdon asserts that Meidel's use of the phrases "anti-union forces" and "enemies of working men and women" are veiled references to Teamsters for a Democratic Union. He contends that Meidel violated the Rules with these references.
Later in the same editorial, Meidel wrote:
Over the next 12 months, we will face many challenges to our strength and solidarity. By using the power of Teamster unity, and standing by our commitment to "Putting Members First" we will meet these challenges head on and make 2001 another successful year.
Higdon argues that the use of "unity" is a reference to the Hoffa Unity slate. He offers no explanation for Meidel's use of "Putting Members First," which was the 1996 Carey campaign slogan.
To assess the propriety of a union publication under the Rules, its "overall tone, timing and content must be evaluated to determine whether there is any blatant encouragement of the incumbent." Donovan v. Local 719, UAW, 561 F.Supp. 54, 58 (N.D. Ill. 1982), cited with approval in Pope, 2000 EAD 4 (August 1, 2000).
Higdon's contention fails the content prong of the test. We find the disparagement of TDU and promotion of the Hoffa slate that Higdon claims exists in the article's subtext relies on an implausible reading of the article. Moreover, "anti-union forces," "enemies of work[ers]," and "unity" are generic trade union terms that have not become so closely associated with a particular campaign as to constitute an endorsement of that campaign. Cf. Lopez, P242 (December 19, 1995), aff'd, 96 EAM 51 (January 8, 1996) (use of "Putting Members First" constituted endorsement of Carey campaign because the phrase was that campaign's slogan). Accordingly, we DENY this aspect of the protest.
Member's insurance letter. The newsletter published a letter Paul Parratore wrote to Meidel relating his experience attempting to find health insurance that matched the insurance benefits he enjoyed because of his union membership:
This is something I don't think we realize when we think of what our union does for us. But after experiencing this for myself, I just wanted to say thanks to you and everyone involved. GREAT JOB!!!!!!!!!
An article accompanying this letter read:
While some members may take their union health care benefits for granted, this shows, once again, that when it comes to superior wages, health care, pensions and job security, nothing compares to the quality and diversity of benefits that members receive by belonging to the Teamsters Union.
Higdon terms the article a "feel good" story "presented to the members in this fashion to influence their vote." However, the article made no reference to the delegate election; nor did it attribute credit for the insurance benefits to any delegate candidate. Accordingly, Higdon's assertion once again fails the content element of the test; the article does not violate the Rules.
For these reasons, we DENY the remainder of 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 346
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
Robert Higdon
640 Algona Avenue
Elgin, IL 60120
IBT Local 734
300 S. Ashland Avenue
Room 306
Chicago, IL 60607
James DeHaan
448 Maincentre
Northville, MI 48167
Robert Brooks
IBT Local 734
300 S. Ashland Avenue
Room 306
Chicago, IL 60607
Brian Meidel
Meidel Slate
IBT Local 734
300 S. Ashland Avenue
Room 306
Chicago, IL 60607
Joe Sanchez
IBT Local 734
300 S. Ashland Avenue
Room 306
Chicago, IL 60607
John G. Sladek
2613 W. 75th Street
Woodridge, IL 60517
Dennis M. Sarsany
1829 Eddy Street
Chicago, IL 60657