Protest Decisions

ELECTION APPEALS MASTER

FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

            Protest Decision 2020 ESD 39, which addresses a pre-election protest filed by Sam Bucalo, was issued on January 7, 2021 (OES Case No. P-045-010421-ME).  The protest alleged that officers of Local Union 100 planned to limit attendance at a general membership meeting to members in good standing in violation of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (the “Rules”). 

On January 7th, the Election Supervisor denied the protest and determined that limiting attendance at the general membership meeting to members in good standing complied with Local 100’s By-Laws and did not otherwise violate the Rules related to campaign activity.  On January 9, 2021, Mr. Bucalo appealed the decision.  On January 12, 2021, by Notice of Hearing, the Election Appeals Master scheduled a telephonic hearing for January 15, 2021.  On January 14, 2021, the Office of Election Supervisor submitted supplemental written argument in support of its position.  On January 14th, Mr. Bucalo also submitted supplemental evidence in support of his appeal, which I reviewed prior to the hearing. 

A telephonic hearing was held on January 15, 2021.  The following individuals attended the hearing:  Jeffrey J. Ellison, Esq. and Dan Walsh on behalf of the Office of the Election Supervisor; Mr. Bucalo on behalf of himself; and Bill Davis, President of Local 100, on behalf of the union.

Decision of the Election Appeals Master

            Sam Bucalo is a retired Teamster member and has been affiliated with the union since 1979.  For nearly 30 years, he worked for UPS as a warehouse worker, package car driver and a feeder driver.  Upon retirement from UPS in 2011, Mr. Bucalo was twice elected Secretary-Treasurer for Local 100 and held that position until 2016.  Since 2017, however, Mr. Bucalo has been on withdrawal status and, by his own admission, is not a member in good standing of Local 100.  See Bucalo, 2020 ESD 20 at 1 (September 18, 2020).

            On January 2, 2021, Mr. Bucalo learned that Local 100 planned to hold a virtual general membership meeting on January 7th via Zoom video conferencing technology.  In order to attend the video conference, members were required to register online prior to the meeting.  However, registration and attendance were limited to members in good standing, which effectively excluded Mr. Bucalo from the meeting.

Pursuant to the union’s By-Laws, Local 100’s Executive Board has the authority to limit the rights of members who, like Mr. Bucalo, are on withdrawal from attending or participating in union meetings.  See Article 22, Section (C)(2) of the By-Laws of Teamsters Local 100 dated January 8, 2018.  Despite this authority, Mr. Bucalo claims he was entitled to attend the January 7th meeting because executive leadership planned to campaign for delegate positions during the Zoom video conference.  Based on this allegation, Mr. Bucalo asserts that restricting attendance to members in good standing prevents him from participating in election activity and, therefore, violates the Rules.  

Article II, Section 5 grants members the right to attend meetings at which candidates for local union delegates and alternate delegates are nominated.  See Bucalo, 2020 ESD 20 at 3.  In addition, Article VII, Section 5 grants members who are candidates for delegate the right to attend local union membership meetings.  Id. 

However, the meeting at issue here was not a nominations meeting for the local union’s delegates or alternate delegates election, nor is Mr. Bucalo a declared candidate for any delegate position.  Further, Mr. Davis, the current President of Local 100, explained to the investigator that no campaign activity was planned for the January 7th meeting and, during the hearing before me, confirmed that no such activity took place.  Thus, based on the facts presented, the Election Supervisor correctly concluded that Mr. Bucalo has not substantiated a claim that the Rules were violated or that he was otherwise impermissibly denied from attending the meeting.

Accordingly, the decision of the Election Supervisor is AFFIRMED.

SO ORDERED,

Hon. Barbara S. Jones (Ret.)

Election Appeals Master

DATED:         January 21, 2021

DISTRIBUTION LIST (VIA EMAIL):