IN RE: DAWN STANGER,
Protest Decision 2001 EAD 349
Issued: May 4, 2001
OEA Case No. PR041011NE
Dawn Stanger, a Local 597 steward who ran for delegate at Local 597, 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 as a result of her candidacy, she has been subjected to unfair behavior by the Local 597's secretary-treasurer, Ron Rabideau, in grievance proceedings. Rabideau won the delegate election at Local 597. Stanger also alleges that her employer, UPS, retaliated against her for her union activities.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact
Stanger works for UPS's Williston, Vermont facility ("Williston"), and Rabideau is the business agent ("BA") for Williston. Rabideau won the Local 597 delegate election on April 7, 2001. On April 9, 2001, Stanger filed a protest alleging that Rabideau settled her grievances unfairly and that UPS retaliated against her and isolated her as steward and as an editor of the newsletter UPS Yours. Stanger alleges that this retaliation "was related to my candidacy for Delegate." She also claims that UPS has reduced her hours, restricted her movements, and subjected her to "improper threats, coercion, and intimidation in [her] position as steward."
Stanger identifies several recent changes to her environment at Williston. UPS's management at Williston allegedly began restricting feeder drivers' distribution of UPS Yours sometime before March 15, 2001. According to Rabideau, the explanation given to him by UPS was that bundles of UPS Yours newsletters were being distributed nationally through the feeder drivers' network. Rabideau stated that UPS asserted that this was a misuse of the network and that the drivers should pay for such large-scale distribution of materials through UPS's network, which allegedly amounted to shipping without paying. Rabideau stated that he knows of no driver who has been disciplined for distributing UPS Yours. Rabideau said that UPS's actions regarding the distribution of UPS Yours is the focus of a pending grievance.
Stanger, as steward, used to hand out welcome cards to new members. The cards contained the local union number and the Teamster logo. In a letter dated February 14, 2001, Rabideau instructed Stanger to discontinue distribution because the local union number and Teamster logo cannot be used without the express consent of the local executive board. Rabideau told our investigator that Local 597 did not want Stanger distributing cards under the guise that the local union had approved them. In connection with his order, Rabideau cautioned Stanger, "I also wish to remind you that as a steward you serve at the will of the Executive Board of Local 597 and I do not recall [your] request" to approve the use of such welcome cards.
Stanger recently filed a pre-grievance regarding an alleged change at UPS that effectively restricted where she, as steward, could move within the Williston facility. Stanger and Rabideau stated that the day after UPS supervisor Andy Tosch attended a labor training seminar, he told Stanger that she could not leave her work area. Stanger and Rabideau agree that Tosch initially responded to questions regarding the change in Stanger's treatment by asserting that stewards generally have no right to move outside their work areas. Rabideau reached a resolution of the grievance in a hearing attended by Stanger. Among other things, the resolution requires Stanger and other employees to notify supervisors when they plan to leave their work areas. The resolution permits Stanger to observe operations in other areas "as long as it does not disrupt the work." Rabideau said that he based his position in the grievance hearing on his good-faith interpretation of the contract.
Stanger also grieves the reduction in her work hours as a result of UPS' change in operations near the end of December 2000. For several years, Stanger estimates (and Rabideau concurs) she worked, on average, between 27 and 28 hours weekly. She now works 20 or 21 hours weekly. Stanger believes that UPS is actively attempting to diminish her impact as a steward at Williston by reducing her paid hours and her movement. Rabideau said that he withdrew Stanger's pre-grievance on this issue because it involved the same subject matter as a pending grievance by Stanger; Rabideau said that he would not file duplicate grievances.
Stanger provides pages of additional, detailed facts and allegations regarding her work environment. As with the cited events, however, Stanger does not provide a link to explain how the changes in her work environment or the handling of her grievances resulted from her involvement in Local 597's delegate election.
Analysis
The preamble to the Rules provides that "[t]he Election Administrator's authority to supervise the electoral process … is limited to the nomination and election of International Convention delegates and alternate delegates and the nomination and election of International officers."
Although Stanger provides evidence of changes to her work and steward arrangements at UPS, and may question the effectiveness of her representation, she has not offered a sufficient link between the activities she protests and the delegate election.
In addition, we find the protest untimely as to many of the alleged events. Article XIII, Section 2 of the Rules requires the filing of a pre-election protest within two working days of the day when the protestor reasonably should have become aware of the event giving rise to the protest. We will not enumerate each untimely claim alleged by the protester; it is sufficient to state simply that many of the events referenced by Stanger occurred several days, if not months, after the two-day deadline had passed.
For the foregoing reasons, 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 349
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 597
149 Quarry Hill Road
Barre, VT 05641
Dawn Stanger
6 Park St.
Underhill, VT 05489
Ron Rabideau
IBT Local 597
149 Quarry Hill Road
Barre, VT 05641
Gary Tocci
Kim Kaplan
Schnader, Harrison, Segal & Lewis
Suite 3600
1600 Market St.
Philadelphia, PA 19103
Lindsay Marshall
UPS Inc., Legal Department
55 Glenlake Parkway NE
Atlanta, GA 30328
David F. Reilly
Reilly, Oliver & Olsen
22 W. Main St.
North Kingstown, RI 02852