IN RE: JON SENUM,
Protest Decision 2001 EAD 356
Issued: May 9, 2001
OEA Case No. PR022613MW
Jon Senum, a member of Local 638, 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 following the local's February 19, 2001 nominations meeting, United Parcel Service subjected candidates on the "Members Choice for Reform delegate election slate (the "MCR slate") to "disciplinary harassment" in violation of Article VII, Section 11(g) of the Rules.
Election Administrator representative Laurie Schwefel investigated the protest.
Findings of Fact and Analysis
Senum, along with his fellow UPS employees Jim Tadeusiak, Dave Johnson, Tony Winchester and Tom Englund are MCR slate candidates in Local 638's delegate election. Senum claims that UPS has retaliated against each because of their delegate candidacy, and specifically alleges that he was abandoned by a supervisor when he needed guidance, that Tadeusiak was subjected to a disciplinary meeting with a supervisor, that Johnson was subjected to a random drug test, that Winchester was subjected to a supervisory "ride-along" in his truck, and that Englund was subjected to management surveillance.
Our investigator attempted to contact each of these alleged discriminatees. She was able to interview only Senum, Winchester, Johnson and Tadeusiak. Winchester told our investigator that he is accompanied by a UPS supervisor at least annually on a twelve hour "ride-along." The ride-along relied on by Senum occurred on February 20, 2001, the day after the nomination meeting. Winchester says that he does not believe that UPS intended to harass him, and does not join Senum in claiming a Rules violation.
Johnson told our investigator that he has worked for UPS for 19 years and has been randomly drug tested about six times. He says that the drug test performed in the week following the nomination meeting was suspicious, but offered no evidence of retaliation.
Tadeusiak told our investigator that the day after the nominations meeting he was approached by supervisor Brian Dube. They had a conversation in the presence of a shop steward about Dube's claim that he had observed Tadeusiak discussing union business during work time and of not performing his duties while doing so. Tadeusiak denied not working, but told our investigator that he did discuss union business with co-workers while continuing to work. Dube gave Tadeusiak a verbal warning for the incident. Tadeusiak admitted that UPS had disciplined other employees, including a political opponent, for engaging in similar activity.
Lastly, Senum presented no evidence that his alleged abandonment by a UPS supervisor was related to his delegate election candidacy.
Our investigation failed to establish any evidence of UPS retaliation against members of the MRC slate because of conduct protected by the Rules. Accordingly, in the absence of evidence of improper retaliation, 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 356
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 638
3001 University Ave. SE
Mpls, MN 55414
Jon Senum
1693 Selby Ave.
St. Paul, MN 55104
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
Laurie Schwefel
7807 West Verona Court
Milwaukee, WI 53219
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657