IN RE: DAVID SALISBURY,
Protest Decision 2001 EAD 439
Issued: September 6, 2001
OEA Case No. PR081711WE
David Salisbury, a member of Local Union 206 and a Leedham slate supporter, 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 Local 962. He alleges that local union officers, agents, and/or staff endorsed the Hoffa slate by displaying Hoffa slate literature and a Hoffa sticker but no Leedham literature on the local union's campaign bulletin board and by placing and/or maintaining Hoffa stickers on the local union mailbox. He also alleges that Local 962 business agent Dan Ratty interfered with his and fellow Local 206 member Gary Marconi's exercise of their right to campaign freely by directing them not to distribute copies of the Convoy Dispatch at Local 206 worksites.
Election Administrator Representative Lois Tuttle investigated this protest.
Our investigation revealed that Local 962 staff failed to maintain the local's bulletin board in accordance with the Election Administrator's March 29, 2001 Advisory On The Use Of Literature Tables Or Bulletin Boards For The Distribution Of Campaign Literature Inside Union Halls ("Advisory"); that Hoffa stickers had been placed and allowed to remain on the local's mailbox; and that Ratty had told Salisbury and Marconi that the Rules did not permit distribution of copies of the Convoy Dispatch at IBT worksites.
All parties have agreed to resolution of this matter. Thus, Local 962 has agreed that neither it nor its agents will interfere with the distribution of Convoy Dispatch or campaign literature at the local's IBT worksites in accordance with Article VII, Section 11(e) of the Rules, and all parties understand that any interference with such conduct will be considered a violation of the Rules subject to remedial action. See Villa, 2000 EAD 53 (December 1, 2000).
Similarly, Local 962 secretary-treasurer Jerry Stuart has confirmed that the local union's campaign literature bulletin board now contains only those items allowed by the Advisory, namely, the bulletin board sign approved by the Election Administrator's office; the most recent piece of literature received from the Hoffa slate; and the most recent piece of literature received from the Leedham slate. He has confirmed that he and his staff will properly police and maintain the bulletin board to ensure that the local remains in compliance with the Advisory and subsequent communications, and will report any interference with the board immediately to the office of the Election Administrator. He states that he has instructed his staff to remove all Hoffa stickers from the local union mailbox and promises to monitor the mailbox so that they remain off. Finally, Stuart has instructed Ratty and other local union officers, agents, and staff not to improperly endorse the Hoffa slate or to interfere with Marconi's, Salisbury's, or other IBT member's rights to distribute Convoy Dispatch or campaign literature pursuant to Article VII, Section 11(e) of the Rules.
Based on the foregoing, we deem this matter RESOLVED, reserving the right to revisit this matter and order any remedial action necessary if any future Rules violations occur.
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 439
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
Todd Thompson
209 Pennsylvania Avenue, S.E.
Washington, DC 20003
Matt Ginsburg
Tom Leedham campaign
30-Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
IBT Local 206
1860 NE 162nd Avenue
Portland, OR 97230
IBT Local 962
4480 Rogue Valley Highway
Suite 10
Central Point, OR 97502
David Salisbury
20135 SE Burnside Court
Gresham, OR 97030