IN RE: THOMAS BENNETT, Protestor.
Protest Decision 2006 ESD 70
Issued: February 6, 2006
OES Case Nos. P-06-062-011706-MW and P-06-073-011906-MW
Thomas Bennett, a member of Local Union 200, filed two pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest in Case No. P-06-062-011706-MW alleged that Darryl Connell and Tom Kempinski, respectively the president and a business representative for Local Union 200 and members of the Buban-Connell Strong Contracts Good Pensions slate, campaigned in the delegate election on time paid for by the union in violation of the Rules. The protest in Case No. P-06-073-011906-MW alleged that Connell and Tim Buban, secretary-treasurer of the local union and a member of the same slate, committed the same violation.
Election Supervisor representative Joe Childers investigated these protests.
Findings of Fact
The first protest alleged that on January 13, 2006 between 8:30 and 9:15 a.m., Connell and Kempinski campaigned in the employee parking lot of Standard Forwarding, an employer of members of the local union. Connell is a candidate for delegate, Kempinski for alternate delegate.
The second protest alleged that on January 17, 2006 between 7:45 and 8:30 a.m. and again between 3:45 and 5:00 p.m., Buban and Connell campaigned in the employee parking lot of Roundy's, Inc., another employer of Local Union 200 members. Both are candidates for delegate.
Connell, Kempinski and Buban confirmed to our investigator that they campaigned on those dates in those locations. All further stated that they took vacation time for that purpose.
Investigation showed that Connell and Kempinski each submitted a form to the local union's office manager indicating his intention to use one-half vacation day on the morning of January 13. Connell and Buban each did likewise with respect to January 17.
Analysis
Article VII, Section 12(b) of the Rules provides the following, in relevant part:
All Union officers and employees, if members, retain the right to participate in campaign activities, including the right to run for office, openly to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. However, such campaigning must not involve the expenditure of Union funds. Accordingly, officers and employees (and other members) of the Union may not campaign on time that is paid for by the Union. Campaigning incidental to regular Union business is not, however, violative of this section. Further, campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not violative of this section.
This provision has been applied to permit campaigning by union officers and employees on break time (Caraballo, P653 (April 3, 1996)), sick leave, where banked sick time is used in lieu of banked vacation time (Sullivan, 2001 EAD 474 (September 27, 2001)), a scheduled day off (Ellison, 2001 EAD 214 (March 6, 2001)), and paid vacation time (Kleckner, 2001 EAD 262 (March 26, 2001)).
We find that Connell and Kempinski campaigned on January 13, 2006 while on paid vacation time and that Connell and Buban did the same on January 17. Accordingly, we DENY these protests.
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 70
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
Thomas Bennett
337 Rubicon Street
Neosho, WI 53059
teamstertom@charter.net
Darryl Connell, President
IBT Local Union 200
6200 W. Bluemound Road
Milwaukee, WI 53213
Tom Kempinski, Business Representative
IBT Local Union 200
6200 W. Bluemound Road
Milwaukee, WI 53213
Tim Buban, Secretary-Treasurer
IBT Local Union 200
6200 W. Bluemound Road
Milwaukee, WI 53213
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com