IN RE: KEITH LAUGHBAUM,
Protest Decision 2001 EAD 408
Issued: July 16, 2001
OEA Case No. PR070611ME
Keith Laughbaum, a member of Local 957 and supporter of General President candidate Tom Leedham, 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"). Laughbaum alleges that materials supporting General President candidate James P. Hoffa have remained posted on union bulletin boards at his workplace, A.B.F. Freight in Dayton, Ohio ("ABF"), while his postings supporting Leedham have been removed.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact
The drivers' room at ABF has two union-controlled bulletin boards. One is glass-enclosed, and the other is open. On July 4, 2001, Laughbaum saw that three of the daily convention reports prepared by the IBT during the IBT Convention had been posted to the outside of the glass on the glass-enclosed board. He proceeded to post pro-Leedham materials to counter statements that were made by Hoffa during the convention and quoted in the posted convention reports. Laughbaum specifically points to Hoffa's statement on June 27, in which he said that the "Democracy Package" would result in the "largest, most democratic union in North America." Laughbaum also posted Leedham campaign materials on the open board.
When he returned to ABF less than 16 hours later, Laughbaum's materials were removed from the glass of the glass-enclosed board and had been covered by pro-Hoffa materials on the open board. Laughbaum does not know who removed or covered his materials. The campaign materials for both sides stayed posted (with Hoffa materials placed over Leedham materials) on the open board through July 9, according to Laughbaum; he told our investigator that all such materials were removed from the open board by July 10.
Our investigator spoke with Doug Davis, Local 957's business agent responsible for posting materials concerning the International election. Davis said that Local 957 has a consistent policy of not allowing campaign materials for any party on any of its bulletin boards. He said that all such materials are removed when they are seen. He did not know who removed Laughbaum's materials from the boards.
Analysis
We first address the posting of IBT convention reports on the glass-enclosed board. Although the views of Hoffa (or any current International officer) on issues may not be the views of all members, the reporting of such views in a union publication do not constitute campaigning unless their "tone, timing, and content" supports or attacks a candidacy. Pope, 2000 EAD 4 (August 1, 2000), aff'd, 00 EAM 3 (August 29, 2000). "[E]lected union officials are entitled to use union publications to express their views and to have their union activities reported in said publications. They are not ordinarily required to give space therein to the expression of contrary views." Camarata v. Teamsters, 102 LRRM 3053, 3060 (D.D.C. 1979). Hoffa, as the current General President, has a right to comment on resolutions passed at the IBT Convention. We do not find that his statements regarding the "Democracy Package" reported in the convention report amount to prohibited campaigning.
As for the campaign materials removed from the open board, the local union has stated that its policy prohibits campaigning on its bulletin boards and that campaign materials are removed from the boards once seen by a union steward or business agent. Under this policy, no member has a right to post campaign literature on any union bulletin board. We have found insufficient evidence to the contrary, and here both candidates' materials were removed from the open board upon discovery. Accordingly, the removal of the Leedham campaign materials from the bulletin board was not contrary to Article VII, Section 11(d) of the Rules.
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 (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 408
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 957
2719 Armstrong Lane
Dayton, OH 45414
ABF Freight Systems
Don Muia
8051 Center Point 70 Blvd.
Dayton, OH 45424
Leslie Blalock
ABF Freight Systems
625 Parr Road
Wentzville, MO 63385
Keith Laughbaum
2211 Virginia Drive
Xenia, OH 45385
Glenn Blanton
6700 Stonehurst Drive
Huber Heights, OH 45424
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657