IN RE: TIM BUBAN,
Protest Decision 2001 EAD 389
Issued: June 15, 2001
OEA Case No. PR060611MW
Tim Buban, a member and delegate 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") against Yellow Freight. He alleges that Yellow improperly denied IBT members the right to campaign in its West Allis, Wisconsin, employee parking lot in violation of Article VII, Section 11(e) of the Rules.
Election Administrator representative Jeffrey Ellison investigated the protest.
Findings of Fact and Analysis
On June 4, 2001, Buban and two others campaigned among arriving and departing employees in the employee parking lot of the facility for about an hour when they were approached by James Bruckner, city operations manager at the facility. Bruckner told them they were not permitted on the property and directed them to leave. Buban told Bruckner the Rules and an order of the United States District Court permitted them to campaign in that area and that they had been permitted to do so without incident several times previously. Nonetheless, Bruckner insisted the campaigners leave, and they did so.
Pete Freudland, a steward at the terminal, told our investigator of complaints he received from members that the campaigners were "harassing" them. Freudland suggested to Bruckner that the campaigners belonged on the public sidewalk rather than the employee parking lot. Bruckner agreed and ejected the campaigners.
John Knoblauch, another steward at the facility, told our investigator Buban and the others were not campaigning but instead were soliciting signatures for a petition. The individuals, wearing Leedham hats and buttons, indeed were circulating petitions to be presented at the IBT convention calling for reform of the Central States pension fund. Pension reform is a plank in the platform of the Leedham campaign, and Buban asserts their petitioning was in connection with that campaign. Article VII, Section 11(e) of the Rules permits "a candidate for International office and any Union member within the regional area(s) in which said candidate is seeking office [to] distribute literature and/or otherwise solicit support in connection with such candidacy" in employee parking lots. On the facts presented here, the activities of Buban and the others were protected by the Rules.
Counsel for Yellow Freight has advised that Bruckner was previously unaware of the Rules' parking lot access provision, that he now has been orally instructed and given a copy of Yellow's advisory to supervisory personnel regarding campaign access to employee parking lots, and that Yellow will continue to observe the terms of the Rules' requirements in this regard. Based on these representations, we deem this matter RESOLVED as to Yellow Freight.
Frank Busalacchi, principal officer of Local 200, has also agreed promptly to advise stewards at this facility of members' rights under the Rules to campaign on employee parking lots, and to instruct them not to interfere with such activity. Based on these assurances, we consider this matter RESOLVED as to any allegation in this incident of union interference with parking lot campaigning.
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 389
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
Tim Buban
4220 S. Katherine Drive
New Berlin, WI 53151
IBT Local 200
6200 West Bluemound Road
Milwaukee, WI 53213
Yellow Freight Systems, Inc.
11405 W. Rodgers
West Allis, WI 53227
Tom Kempinski
West 209 North 11065 Springhill
Germantown, WI 53022
Pete Cefalou
2949 S. 90th Street
West Allis, WI 53227
Dan Hornbeck, Esq.
Yellow Freight Systems, Inc.
10990 Roe Avenue
Overland Park, KS 66211
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657
Jeffrey Ellison
65 Cadillac Square, Suite 3727
Detroit, MI 48226