IN RE: DONALD RAY HARDISON, Protestor.
Protest Decision 2006 ESD 115
Issued: February 27, 2006
OES Case No. P-06-167-022706-AT
(See also Election Appeals Master decision 06 EAM 20)
Donald Ray Hardison, a member of Local Union 822, 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"). Hardison alleged that James Wright, President of Local Union 822 and Hardison's opponent in the delegate and alternate delegate election, used his position as president to make campaign remarks and negative comments about his political opponents in the delegate election during the membership meeting held February 12, 2006.
Election Supervisor representative J. Griffin Morgan investigated this protest.
Findings of Fact
During the Good and Welfare portion of the membership meeting, Wright said he had received several negative and critical comments from members about campaign leaflets left on cars. Wright mentioned allegations that cars had been "keyed". He stated that such conduct could make the local union liable for damage done to the cars. Wright stated that "no one should be putting literature on people's cars." He stated further that he had removed flyers from "places of concern" and placed them in the employee's break room and on a bulletin board. Wright described his actions as one of kindness: "I did you a favor; you may not see it that way."
Wright also spoke about a newspaper article on Local Union 822 that was going to be published the next day in the Virginia-Pilot, a local newspaper. He told the members that it was not legal to give a copy of the local by-laws to non-members, and that such conduct could result in charges being brought against the individual who did it. However, he stated that he was not interested in bringing charges. Wright stated during the meeting that he had no problems with members talking about him on the docks or complaining about him at the local union or to his face, but he did not think such criticism should be taken outside the local union.
Wright and Hardison agree that Wright he did not identify any member by name during these remarks. Wright defends his comments by stating that he made the comments as the president of the local union to communicate with the members about issues that involved the welfare of the union (complaints made by members about literature on their cars and an upcoming newspaper article).
Doug Ward, a UPS employee who attended the membership meeting, recalled the comments about campaign literature on cars, the reference to a car being "keyed," and Wright's statement that he had removed the flyers from the cars at Gwaltney. He also recalled Wright stating that someone had gone to the newspaper and released information that should not be released and that Wright said local problems should be dealt with internally.
Ward agreed with both Hardison and Wright that no names were ever mentioned, either in relation to the flyers on cars or the newspaper article. However, Ward said he felt the comments were directed at Wright's opponents in the upcoming election.
Analysis
The Rules govern candidate access to membership meetings and the opportunity to campaign during a meeting. Article VII, Section 5 provides the following:
(3) The Local Union need not allot time for campaigning during any of its meetings. However, if campaigning during such meetings is permitted, the Local Union shall notify all candidates for the positions for which such campaigning will be permitted of the opportunity to speak at least five (5) days prior to the meeting and shall divide the time equally between those candidates (or candidates' credentialed representatives) who request an opportunity to speak. The order of appearance shall be determined by lot.
(4) A Local Union shall not discriminate or permit discrimination in favor of or against any candidate in conjunction with its meetings or otherwise. This requirement shall apply not only to formal presentations by or on behalf of candidates but also to informal campaign activities, such as, for example, comments on candidates during meetings, literature distribution at meetings, literature distribution tables, etc.
(Emphasis added).
The Rules thus set forth campaigning procedures for union meetings which are non-discriminatory and require pre-planning. Opportunities to campaign at any union meeting must be made equally available to all candidates with advance notice. Weronke, P306 (January 31, 1996); Kapitula, P1104 (November 22, 1991). Otherwise, any campaigning at union meetings violates the Rules. Wigley, P668 (April 18, 1996)(disparaging opposition from podium during union meeting constitutes illegal campaigning).
In this case, we do not agree that Wright's comments were made for the good of the membership. He expressed his opinion that placing flyers on cars was a poor way to campaign without informing the membership about the Rules governing campaigns. He criticized members who talked to the press, knowing his opponent's name would be in the newspaper article the next day. His remarks disparaged his opponent without providing an equal pre-planned opportunity for his opponent to campaign.
Accordingly, we GRANT this protest.
Remedy
When the Election Supervisor determines that the Rules have been violated, he "may take whatever remedial action is deemed appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process.
We order Wright to cease and desist from using his union position to campaign from the podium during union meetings without offering an equal opportunity to all other candidates and giving advance written notice of that opportunity, as required by the Rules. We further order Wright to sign the attached Notice and post it on all union bulletin boards under the jurisdiction of the local union and to maintain that posting for a period of thirty consecutive days; Wright must complete the posting within two (2) business days of receipt of this decision.
A decision of the Election Supervisor takes immediate effect unless stayed. Lopez, 96 EAM 73 (February 13, 1996).
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 115
NOTICE TO TEAMSTERS MEMBERS FROM
JAMES WRIGHT, PRESIDENT OF LU 822
The Election Supervisor has found that I violated the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules") by campaigning from the podium at a union meeting without offering an equal opportunity to all other candidates and providing advance written notice of that opportunity. The Election Supervisor has ordered me not to use my union position to campaign from the podium at union meetings, and to sign this Notice and post it on all Union bulletin boards under the jurisdiction of the local union.
The Rules protect the right of all IBT members to run for delegate, alternate delegate and International office and to support candidates of their own choosing for those offices. The Rules prohibit use of union position to support or oppose any such candidates.
The Election Supervisor will not permit any such improper campaign activity.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rules should be filed with Richard W. Mark, Election Supervisor, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, telephone: 888-IBT-2006, fax: 202-454-1501, email: electionsupervisor@ibtvote.org.
_______________________________________
James Wright
President, IBT Local Union 822
This notice has been approved by IBT Election Supervisor Richard W. Mark and must remain posted for thirty (30) consecutive days.
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
Donald Ray Hardison
2158 Kingsley Lane
Chesapeake, VA 23323
lndmrkldr@cox.net
James Wright, President
Local Union 822
P.O. Box 12673
Norfolk, VA 23502
jwright@teamsterhrcoxmail.com
J. Griffin "Griff" Morgan
Elliot, Pishko, Morgan
426 Old Salem Road
Winston-Salem, NC 27101
jgmorgan@epmlaw.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com