IN RE: GARY BOLEN, Protestor.
Protest Decision 2006 ESD 73
Issued: February 7, 2006
OES Case No. P-05-052-122705-FW
Gary Bolen, a member of Local Union 174, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Chuck Deaver, a local union business agent, violated the Rules by removing campaign literature from a union bulletin board.
Election Supervisor representative Christine Mrak investigated this protest.
Findings of Fact
Protestor Bolen posted campaign literature for the Rick Hicks 2006 Teamsters 4 Leadership ("T4L") slate on the union bulletin board at Yellow Freight ("YF"). Business agent Deaver removed it. Deaver is not a candidate in the delegate and alternate delegate election. However, the local union officers that employ him are candidates on a slate that opposes the T4L slate.
The protest that followed Deaver's action alleged violation of campaign rights protected by the Rules and improper assistance by the local union to the incumbent administration's slate.
Investigation showed that the bulletin board is locked and glass-enclosed. In the most recent renewal of the National Master Freight Agreement in April 2003, the union gained the right to have a workplace bulletin board dedicated solely to official union business. The contract language declares, "Postings by the Union on such boards are to be confined to official business of the Union." Only shop stewards and the business agent have keys to the bulletin board. Deaver told our investigator that he removed the campaign literature because of this contract provision. Deaver posted a notice explaining the contract provision. The notice added the following:
No campaign literature of any kind is to be allowed on the bulletin board at any time.
If anyone wishes to post campaign literature, contact Paul, Mark, or Rick to select a location acceptable to both the Local Union and the Company.
Investigation showed that, since the date the existing contract has been in effect, this bulletin board has been used solely for official union business. Prior to the agreement, the company and local union shared a single bulletin board. Employees often used the board for general purpose and campaign postings, which the employer would remove periodically.
After this protest was filed, Deaver arranged with YF management to permit employees to tape campaign literature next to the official union bulletin board.
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).
The locked, glass-enclosed bulletin board at issue here was established in 2003 as an official, union bulletin board. No history exists that this board has been used for any purpose other than official union postings. Accordingly, no preexisting right exists to use this board for campaign publicity. For this reason, we find that Deaver did not violate the Rules by removing the campaign literature and therefore 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 73
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
Gary Bolen
P.O. Box 187
Maple Valley, WA 98038
Chuck Deaver, Business Agent
Local 174
14675 Interurban Avenue, South
Suite 303
Tukwila, WA 98168
David E. Macellari
2118 North 146th Street
Shoreline, WA 98133-6706
copperdoor@msn.com
Dan Scott, Secretary-Treasurer
IBT Local Union 174
14675 Interurban Avenue, South
Suite 303
Tukwila, WA 98168
Christine M. Mrak, Esq.
2357 Hobart Avenue, SW
Seattle, WA 98116
cmm@wmblaw.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com