IN RE: THOMAS BENNETT, Protestor.
Protest Decision 2006 ESD 94
Issued: March 29, 2006
OES Case No. P-06-083-012406-MW
Thomas Bennett, a member of Local Union 200, 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"). He alleged that local union resources were used to support the delegate candidacies of Tim Buban and Carol Simon, in violation of the Rules.
Election Supervisor representatives Joe Childers investigated this protest.
Findings of Fact
The protest alleged that, on January 20, 2006, Tim Buban and Carol Simon campaigned for the Buban-Connell slate at Block Iron & Supply Company in Oshkosh, Wisconsin. While there, Buban gave a Local Union 200 t-shirt and hat to a member who requested them. The protest contends that this "give away" constituted use of union resources in support of the Buban-Connell slate.
Investigation showed that Buban and Simon visited Iron Block on the day in question. However, their visit was not for a campaign purpose; instead, they made a "barn visit" to meet with members and the steward about pending issues and to demonstrate to the employer that the local union leadership will police and enforce the collective bargaining agreement. During this visit, Jerry Vienola, a member of the local union and employee of Iron Block, asked for and received the shirt and hat.
Buban and Simon deny that they engaged in any campaign activity that day at Iron Block. Thus, they did not distribute campaign materials or otherwise solicit support for their candidacies. Further, they told our investigators that local union t-shirts and hats are routinely distributed to members who request them. Such distribution builds pride and solidarity among the membership; further, members who wear the clothing to work signal the union's strength to the employer.
Our investigator asked protestor Bennett to supply evidence that Buban and Simon were engaging in campaign activity at Iron Block. Bennett conceded that he had none.
Analysis
Article VII, Sections 12(b) and (c) of the Rules bar use of union funds, materials and supplies to assist in campaigning.
No evidence was presented that the distribution of a local union t-shirt and hat to a member who requested them was for a campaign purpose or coincident with campaign activity. Substantial evidence was presented that no campaigning occurred and that the delivery of the clothing items was for a legitimate union purpose and consistent with existing practice.
Accordingly, 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
885 Third Avenue, Suite 1000
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 94
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
Neosho, WI 53059
Tim Buban, Secretary-Treasurer
Local Union 200
6200 Bluemound Road
Milwaukee, WI 53213
Carol Simon
N6077 Country Truck W.
Fond Du Lac, WI 54935
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