Protest Decisions

IN RE: Terry Skjelstad,
Protest Decision 2001 EAD 348
Issued: May 4, 2001
OEA Case No. PR040514WE

Terry Skjelstad, delegate candidate on the Team 150 slate, 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 that during Local 150's delegate election period, management at the UPS facility in Sacramento, California permitted candidate John Conley to set up an unattended donation box to solicit donations for his campaign.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

Background

Skjelstad filed this protest on April 5, 2001, stating that at a general membership meeting he overheard a conversation among members about Conley, a member of the Rank and file Reform Slate ("Reform slate"). According to Skjelstad, one member stated that Conley had set up a donation box with a campaign flyer around it at the UPS facility and was using it to collect money for his campaign. Skjelstad could not recall the date of the meeting or the identities of the members who were involved in the conversation.

Skjelstad, who is not an employee of UPS, claims that the box was used to collect money from the employer and non-teamster vendors. He also claims that UPS made and in-kind contribution to Conley's campaign by allowing him to set up the box at its facility. Conley denied that he used the box to solicit funds for his campaign.

Local 150 conducted its delegate election ballot count on March 30, 2001. Conley was among eight delegate candidates elected. Skjelstad was not elected, finishing sixteenth.

Findings of Fact and Analysis

Conley is a feeder driver for UPS at its Sacramento facility. Management there confirmed that there is a box at that facility that the drivers use it to raise money for their annual fishing tournament. Driver Gary Shirley owns the box. Feeder on-road manager Ron Zacoor stated that he does not know if the box was used for any other purpose.

The company does not allow members to post campaign literature anywhere at the Sacramento facility. Neither are they allowed to post literature on the union bulletin board. Members sometime place flyers on or around the box for other members to read. Management however, removes campaign literature when it is posted in such a fashion. Conley stated that during the campaign, an unidentified member posted a "Rank and File Reform Slate" flyer on the box. Neither Conley nor any member of his slate, however, sanctioned this action.

Conley and Jay Domeny, former delegate candidate on the Reform slate, both explained that before they became candidates for delegate, they were "core" members of a group of UPS employees who decided to convene a meeting to discuss UPS employees' Health and Welfare plan and other contract issues. The plan and its management had been a source of contention among UPS employees. They estimated that over 100 members would attend the meeting and therefore they would need to raise money to finance it. They decided to use the box to collect funds for the meeting. A flyer explaining the meeting and giving the names of the organizers, including Conley's, was placed on the box. An estimated four drivers contributed money for the meeting.

Shortly after their decision to have the meeting, Conley, Domeny and eight other Local 150 members decided to run for delegate election and formed the Reform slate. Both Conley and Domeny stated that at least three known members contributed or expressed a desire to contribute to the slate by placing money into the box. Conley made it clear to one member that he should not put any campaign donations into the box. Two members actually donated by using the box. Domeny kept a record of those members and the amount that they donated.

We DENY the protest allegation that UPS and UPS vendors contributed money to Conley's campaign. There is no evidence to support that claim.

Further, we DENY Skjelstad's claim that UPS improperly permitted Conley to use the employee-owned collection box to collect campaign contributions. First, there is no evidence that Conley intended to use the box as a means of collecting donations for his campaign. Second, although two campaign contributions by members were made via the collection box, we are satisfied that these contributions were not solicited during work time, but were instead incidental to work, as indicated by the fact that the box has also historically been used to collect employee contributions for social activities among the workforce.

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 15^th Street, N.W., 10^th Floor, Washington, D.C. 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 348

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