IN RE: CHUCK DEAVER, Protestor.
Protest Decision 2006 ESD 74
Issued: February 7, 2006
OES Case No. P-05-072-011806-FW
Chuck Deaver, a member and business agent 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 David Jacobson, a local union shop steward and member of the Rick Hicks 2006 Teamsters 4 Leadership ("T4L") slate, violated the Rules by removing the local union election plan summary from a union bulletin board at DHL and posting T4L campaign literature in its place.
Election Supervisor representative Christine Mrak investigated this protest.
Findings of Fact
Pursuant to a provision of the National Master Freight Agreement ("NMFA"), a locked, glass-enclosed bulletin board reserved for official union business was established adjacent to the warehouse breakroom at the DHL facility where Jacobson works. As a shop steward, Jacobson has a key.
Pursuant to our Rules, the local union election plan summary was posted on the board. The summary listed dates for the nomination meeting, the mailing of ballots, and the vote tally, among other things. Jacobson removed the summary from the board after the date of the nomination meeting, believing that all dates it listed had passed. He posted a T4L campaign flyer in its place. Jacobson told our investigator he made a mistake in removing the summary, however, because he did not recognize that it listed additional dates.
When business agent Deaver saw the board, he removed the campaign flyer and reposted the election plan summary. 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.
Deaver's protest alleged as Rules violations the removal of the local union election plan summary and the posting of a campaign flyer on a bulletin board reserved for official union postings.
Investigation demonstrates that the provision of the NMFA reserving the bulletin board in question for official union postings has been uniformly enforced.
Deaver spoke with Jacobson, who agreed not to remove from the union bulletin board official postings related to the election of delegates and alternate delegates or to post campaign literature there.
Analysis
Article II, Section 4(g) of the Rules requires the local union to "post a copy of the [Local Union Election] Plan Summary on Election Supervisor letterhead on all Local Union bulletin boards and [to] maintain such posting through the entire delegate nomination and election period."
Article VII, Section 12(d) of the Rules declares that "[n]o restrictions shall be placed upon candidates' or members' preexisting rights to use employer or Union bulletin boards for campaign publicity."
Because the tally of ballots in Local Union 174's delegate and alternate delegate election had not occurred, the plan summary should not have been removed from the union bulletin board at DHL. Deaver promptly corrected Jacobson's mistake in removing the plan summary; accordingly, we deem this aspect of the protest RESOLVED.
The locked, glass-enclosed bulletin board at issue here was established in 2003 as an official, union bulletin board. There is no history 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, Jacobson's campaign use of the board was improper, but Deaver promptly cured the impropriety by removing the campaign literature. As Jacobson has agreed not to use the union bulletin board for campaign purposes in the future, we deem this aspect of the protest RESOLVED as well.
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 74
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
Chuck Deaver
29234 61 Ave.S
Auburn WA.98001
chuckdeaver@yahoo.com
Dave Jacobson
4234 S. 242 Ct.
Kent, WA 98032
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