IN RE: MATTHEW STUDD, Protestor.
Protest Decision 2006 ESD 103
Issued: March 29, 2006
OES Case No. P-06-082-012406-SO
Matthew Studd, a member and delegate candidate of Local Union 327, 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 Cassens Transport violated his right to campaign in the drivers' breakroom.
Election Supervisor representative Dolores Hall investigated this protest.
Findings of Fact and Analysis
Protestor Studd is a driver for Cassens Transport at its Smyrna, Tennessee terminal. On January 16, 2006 and while off duty, he campaigned in the drivers' breakroom. Terminal manager Jim Firkus directed him to leave the breakroom and limit his campaign activity to the long-term parking lot.
This protest followed.
Investigation showed that drivers routinely park their vehicles in the short-term parking lot, pick up their assignments from the dispatcher, and then move their vehicles to the long-term lot. Mechanics park in the short-term lot.
Investigation further showed that campaign activity has historically occurred in the non-work areas of the terminal. Thus, Studd told our investigator that he has campaigned in the drivers' breakroom in each delegate and alternate delegate election dating to 1996. Further, evidence showed that campaign shirts and hats have been distributed in the mechanics' breakroom.
At our investigator's request, Cassens' labor relations officer Joe Clark investigated the historic practice of campaigning in these breakrooms. Based on this investigation, Clark agreed that such a practice exists.
Article VII, Section 12(d) of the Rules states that "[n]o restrictions shall be placed upon candidates' or members' preexisting rights to solicit support, distribute leaflets or literature … or engage in similar activities on employer … premises." See Berg, 2000 EAD 22 (September 21, 2000); Harrington, P809 (June 20, 1996); Brinkman, P151 (September 18, 1995), aff'd, 95 EAM 21 (October 10, 1995) (past practice enforced that permitted campaigning in non-work areas on non-work time).
Based on this authority, the employer has agreed not to interfere with campaign activity in non-work areas on non-work time and, specifically, to permit campaign activity in short- and long-term parking lots and employee breakrooms.
Accordingly, we deem this protest RESOLVED.
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 103
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
Matthew C. Studd
213 Bradyville Road
Woodbury, TN 37190-6113
Joe Bennett
189 Taylor Road
Rockvale, TN 37153
Freddy Dillon
409 Northridge Court
Nashville, TN 37221
James R. Neal, President
Local 327
P.O. Box 17467
Nashville, TN 37217
Jim Firkus
631 Enon Spring Road
Smyrna, TN 37167
Jim Firkus, Terminal Manager
Cassens Transport Co.
631 Enon Spring Road
Smyrna, TN 37167
Joe Clark, Labor Relations Officer
Cassens Transport Co.
631 Enon Spring Road
Smyrna, TN 37167
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001
hall1000@cox.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com