IN RE: LARRY HART,
Protest Decision 2001 EAD 373
Issued: May 21, 2001
OEA Case No. PR012911MW
Larry Hart, a member of Local 705 and a candidate for delegate, 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 alleged that many shop stewards in Local 705 were removed from their positions because of their opposition to the principal officer's slate of candidates in the upcoming delegate election.
In Hart, 2001 EAD 189 (February 23, 2001), we denied his protest, finding insufficient evidence to link the terminations to conduct protected by the Rules.
Hart appealed our determination. The Election Appeals Master affirmed our decision with respect to all steward terminations except that of Joe Bakes. 01 EAM 45 (March 16, 2001). The Bakes termination was remanded for further investigation.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
Local 705's shop stewards are, under bylaw, appointed by the local's principal officer. That officer, Gerald Zero, terminated some 25 to 30 stewards on January 4, 2001. Of these, several were reinstated almost immediately because their terminations were based on erroneous information provided by members. Each of the remaining stewards was terminated for cause.
Bakes was terminated January 16, 2001, five days before the local's delegate nomination meeting, allegedly because he did not support his business agent's decisions regarding work issues and solutions. The agent, Mike Marosovich, called Bakes January 11 seeking his support for Zero's delegate slate. Bakes asked who was on the slate; Marosovich said he did not know; Bakes responded that he could not support "I don't know." Two days later, Bakes received a letter dated January 11 stating he was terminated as steward effective January 16.
Investigation showed Bakes became steward at Yellow Freight in 1995, under a trusteeship imposed by IBT General President Ron Carey. He remained steward after the Zero slate took over the local following the 1996 elections. Until recently, Bakes had not been politically active for any slate or candidate. However, in September 2000, he was persuaded to join the 705 Membership slate in the local's officer elections; that slate opposed the local's incumbent officers.
Bakes made his candidacy in that election public for the first time at the September 2000 general membership meeting, wearing a button for his slate. When Marosovich, his business agent, saw the button, he told Bakes, "Get out. You are not a steward." Marosovich then informed Zero of Bakes' candidacy. Later that evening, Zero spoke with Bakes, telling him "I should have known." Bakes asked, "Am I fired?" Zero replied, "No, not for that." At the end of the evening, several agents spoke of Bakes so others could hear them, saying he had "turned coat."
Bakes did not attend stewards meetings in the following three months for a number of reasons, including the hostility he had felt at the September membership meeting, his shift hours, the traveling distance, and his campaign activities. He likewise had not attended steward training for some time because the training topics were, in his view, either too basic for his skill level or too narrowly tailored to crafts or industries not relevant to his own.
Bakes was unsuccessful in the officer election. However, he was nominated for delegate at the January 21 nomination meeting. In anticipation of that nomination, he joined a slate of candidates on January 7 or 14; the slate made public its existence by filing a slate declaration form on January 18.
His termination as steward came on the same day he refused to support the incumbent slate in the delegate election.
Marosovich denied that Bakes' termination as steward was related to his refusal to support the incumbent slate in the delegate election. Instead, he asserted Bakes was discharged because he had failed to work well with Marosovich and because he did not support official decisions of the local.
A number of witnesses spoke well of Bakes' ability and determination as a steward. They pointed to his success rate on grievances and were unaware of any instance in which he had failed to support the official position of the local union on any particular issue.
Other witnesses stated that Bakes frequently complained about the contractual grievance procedure; some said he "second guessed" Marosovich too often. These same witnesses described Marosovich favorably, saying he treated his stewards fairly and without regard to their political activities.
We GRANT the protest. We find the timing of Bakes' termination as steward, coming on the same day he refused to support the incumbent officers' slate, is the evidence necessary to demonstrate a connection between his activity protected by the Rules and the adverse action he suffered at the hands of the political leaders he opposed. While he had shortcomings as a steward, as indicated by Marosovich and others, there was nothing about Bakes' record of performance as it existed on January 11 that would reasonably appear to justify his discharge as steward. In particular, there was no performance-related incident that any witness identified -- no "last straw" -- that prompted the discharge. Instead, we are left with his refusal to support the incumbent slate -- activity protected by the Rules -- as the motivation for his removal. Under these circumstances, we find a violation of Article, VII, Section 11(g).
Remedy
When the Rules have been violated, the Election Administrator "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator considers the nature and seriousness of the violation, as well as its potential for interference with the election process.
We order Bakes reinstated promptly as steward and made whole for all compensation he lost as the result of his dismissal as steward. We also order the local union forthwith to post the notice attached to this decision.
We find Bakes' discharge did not affect the outcome of the local's delegate election because, of the 50 candidates who stood for election to the 25 delegate seats, Bakes garnered the most votes overall.
A decision of the Election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73 (February 13, 1996).
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 373
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
Larry Hart
2751 North Oxford Drive
Markham, IL 60426
IBT Local 705
1645 West Jackson Blvd.
Chicago, IL 60607
Joe Bakes
16749 Grace Street
Lockport, IL 60441
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657
NOTICE TO LOCAL UNION 705 MEMBERS
The Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") prohibit a local union from retaliating against a member for activity protected by the Rules.
The Election Administrator will not permit any such retaliation.
The Election Administrator has concluded that Local 705 improperly retaliated against Joe Bakes for his protected activity in the delegate election by discharging him from his position as steward. The local has been ordered to reinstate Bakes to his position and make him whole for all compensation he lost because of the improper discharge.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rules should be filed with William A. Wertheimer, Jr., Office of the Election Administrator, 727 Fifteenth Street, NW, Washington DC 20005, telephone 800-565-VOTE, fax (202) 454-1501.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
This is an official notice and must remain posted for thirty (30) consecutive days from the day of initial posting, and must not be altered, defaced or covered by any other material.