IN RE: GILBERT RAMOS, Protestor.
Protest Decision 2006 ESD 65
Issued: February 3, 2006
OES Case No. P-05-040-120105-FW
Gilbert Ramos, a member of Local Union 848, filed a protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). He alleged that George Alvarez interfered with his campaign rights under the Rules.
Election Supervisor representative Michael Four investigated this protest.
Findings of Fact
On November 28, 2005, at 3:50 a.m., Ramos entered the drivers' break room at the Sysco facility in Los Angeles to post campaign literature on the bulletin board there and to campaign among the employees. Present were some 40 drivers, including George Alvarez. According to Ramos, Alvarez looked at the literature and yelled, "Get this TDU shit out of here. This is Local 848." Ramos responded to Alvarez, "Change is good, change is good," and returned to his work area in another part of the facility. The protest alleged that Alvarez "threatened, intimidated and interfered with my right to support the Tom Leedham Strong Contracts, Good Pensions Slate by removing literature from the multi/general purpose bulletin board in the dispatch break area." The protest also alleged that Alvarez "threatened all drivers by saying he will tell Jim Santangelo on anyone who signs the Leedham petition." Santangelo is principal officer of Local Union 848 and a candidate on the Hoffa slate for reelection to the position of International vice president.
Ramos did not witness the threat Alvarez is said to have made to the drivers nor did he observe Alvarez remove literature from any bulletin board. Moreover, no other witness supported these allegations.
Alvarez denied making threats or removing literature from any bulletin board. He told our investigator that he saw Ramos enter the drivers' room and place literature on a file box that contained collective bargaining, grievance and other information of the local union. When he heard Ramos speak with drivers about the Leedham candidacy, Alvarez states that he spoke up and told Ramos loudly to "[g]et that TDU shit out of here. This is Local 848." Alvarez explained that most of the drivers present were new employees and "knew nothing about the union." Although Alvarez denies that he removed campaign literature from any bulletin board, he told our investigator that he removed a Leedham flyer from the window to the dispatch office and handed it to the dispatcher.
Analysis
Among other rights, the Rules protect a member's right "to support or oppose any candidate, [and] to aid or campaign for any candidate." Article VII, Section 12(a). In addition, the Rules declare that "[n]o restrictions shall be placed upon candidates' or members' preexisting rights to use employer or Union bulletin boards for campaign publicity." Article VII, Section 12(d). In each instance in which a member campaigns for or against a candidate, "members of the Union shall have the reciprocal right to hear or otherwise receive such campaign advocacy." Article VII, Section 11(a); Thornsberry, 2005 ESD 13 (October 8, 2005), aff'd, 05 EAM 03 (November 4, 2005); Hurtado, 2005 ESD 28 (December 1, 2005).
Just as these provisions protected Ramos' right to campaign in support of Leedham, they also protected Alvarez' right to oppose that candidacy. Alvarez' statement was advocacy in opposition to the advocacy of Ramos and therefore enjoyed the same protection as that accorded to Ramos. Although Article VII, Section 12(g) prohibits retaliation and threats, a statement of advocacy does not become a prohibited threat merely because it is loud or vulgar. Cf. Echeveria, 2006 ESD 66 (February 3, 2006), where a union steward was found to have violated Article VII, Section 12(g) by threatening retaliation against members who signed an accreditation petition.
As no evidence was presented that Alvarez removed literature from a union or multi-purpose bulletin board or threatened members who supported the Leedham candidacy, 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 Supervisor 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 the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2006 ESD 65
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Gilbert Ramos
4817 Wilson St.
Chino, CA 91710
stinkylinky75@hotmail.com
George Alvarez
891 Adamsgrove Ave
Walnut, CA 91789-3103
James Santangelo, Secretary-Treasurer
Local 848
818 S. Oak Park Road
Covina, CA 91724
Fax: 626-732-4707
Michael Four
Schwartz, Steinsapir, Dohrmann & Sommers
6300 Wilshire Blvd., Suite 2000
Los Angeles, CA 90048
mdf@ssdslaw.com
Christine M. Mrak, Esq.
2357 Hobart Avenue, SW
Seattle, WA 98116
Ph: 206-932-4288
Fax: 206-938-2953
Email: cmm@wmblaw.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com