IN RE: RONALD JOSEPH, Protestor.
Protest Decision 2006 ESD 128
Issued: March 6, 2006
OES Case No. P-06-179-022706-AT
Ronald L. Joseph, member and business agent for Local Union 639, 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 asserted that Addland Andrews interfered with his right to campaign at the UPS Landover facility by being loud, disruptive, vulgar and hostile, thus deterring members from approaching campaigners and receiving campaign literature.
Election Supervisor representative J. Griffin Morgan investigated this protest.
Findings of Fact
This protest arises out of the delegate election in Local Union 639. The local union has approximately 8,000 members and is located in Washington, DC. Three slates and three independent candidates are competing in this election. The two largest slates have been contentious political rivals in several elections over the past two and one half years.
The Members United slate (MUS) consists of the current officers, business agents and their supporters. They were first elected to office in November 2003. The local was placed in trusteeship because of irregularities with that election. They were elected to office again in November 2004.
The Team 639 slate (T639) consists of the previous officers, business agents and their supporters. Members of this slate held office prior to the November 2003 election and again for six months (June to December, 2004) when the local was under trusteeship.
The delegate and alternate delegate election that is currently underway is the third election in three years between these political rivals. An officer and business agent election will occur in November 2006.
On Thursday, February 23, 2006, Ron Joseph and Rudy Dixon from MUS and Addy Andrews from T639 campaigned in the employee parking lot of the Landover, Maryland UPS facility, which employs about 150 union members. Both slates campaigned from approximately 5:45 p.m. to 7:15 p.m., during which all three campaigners attempted to engage employees entering the parking lot regarding their respective candidacies and to distribute campaign literature to them. The campaigners for both slates normally maintained a distance between themselves ranging from 5 to 15 yards.
Joseph told our investigator that, during much of this 1½ hour of campaigning, Andrews, a candidate for delegate, shouted over to employees speaking with Joseph and Dixon, making derogatory comments on Joseph's performance as a business agent at the Landover UPS facility and asking such questions as: "Why is our business agent never here except during elections?" Dixon described Andrews' behavior as loud and disruptive. Dixon stated that Andrews made it difficult for the MUS candidates to campaign. One of the employees from UPS, Ken Vjornsti, engaged both Andrews and Joseph in a conversation. Vjornsti said both men gave him their points of view, both got loud and accused each other of being liars. Vjornsti described Dixon as calm and reasonable.
In contrast to the generally loud campaigning described above, a brief incident occurred at approximately 6:15 p.m. that escalated to a different level. Joseph saw a package car driver stop his UPS truck and exchange words and possibly a paper document with Andrews. Joseph walked over to the truck and told the driver that he had campaign literature for him and would give it to him when he was off-the-clock. At that point, according to all witnesses, including Andrews himself, Andrews lost control and began screaming profanities at Joseph. Andrews' verbal tirade lasted from 3 to 5 minutes. Andrews described himself as very, very angry. "I told him he had to be out of his f-cking mind."
During Andrews' outburst, several employees entered the parking lot but distanced themselves from the campaigners. One employee, D.J. Morticae, who works at the Landover UPS facility with her husband, said she walked into the employee parking lot when Andrews was speaking with the package car driver. She saw Joseph walk up and say something in a normal tone of voice. She said Andrews then went off. "At that point, I grabbed my husband's hand and said it's time to go." She and her husband got in their car and left without obtaining any campaign literature. She indicated that, had the incident not occurred, she would have talked to the campaigners and picked up their flyers
Following Andrews' outburst, all three men remained in the parking lot and continued to campaign. Andrews continued to be loud and to shout over to employees speaking with Joseph and Dixon.
Analysis
The Rules provide that each member has the freedom to exercise his/her political rights, including the right to distribute campaign literature free from interference. Article VII, Section 12(a) of the Rules states, in relevant part:
All Union members retain the right to engage in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. This includes, but is not limited to, the right to distribute campaign literature and otherwise solicit support for a member's candidacy outside a meeting hall, before, during or after a Union meeting, regardless of Union policy, rule or practice.
Where any candidate or other member of the Union exercises or attempts to exercise any right under the Rules to campaign for or against the candidacy of any person for the position of delegate, alternate delegate, or International Officer, members of the Union shall have the reciprocal right to hear or otherwise receive such campaign advocacy.
Past decisions recognize that loud and sensational language is part of the election process, and the Rules do not bar that sort of zealous campaigning. Jorgensen, 2000 EAD 72 (December 26, 2000); Rodriguez, 2000 EAD 45 (November 3, 2000); Yocum, 2000 EAD 18 (September 1, 2000) (loud, rude and obnoxious behavior of union steward as member attempted to have other members sign petition not unlawful); Wasilewski, 2000 EAD 14 (August 14, 2000) (words exchanged between two sides in the context of petitions being signed); Rudolph, P861 (August 29, 1996) (no violation where tempers flared briefly on each side, words were exchanged and a few pushes); Zuckerman, 2005 ESD 38 (December 15, 2005) (no violation where campaigner's conduct was "loud, rude and obnoxious" but stopped short of physical violence). One looks to the totality of the circumstances in determining whether vulgar and/or threatening language violates the rules. Williams, 2001 EAD 201 (February 27, 2001).
Conduct that goes beyond zealous campaigning and escalates to such a level that it drives union members away from the vicinity of campaign activity effectively deprives members of the local union of their reciprocal right to receive literature and/or solicitations of support.
In this case, we find that, for the most part, Andrews' conduct did not interfere with the protestor's right to campaign or with union members' reciprocal right to receive literature and/or solicitations of support. However, we find that, during Andrews' 3 to 5 minute, angry, loud outburst, his conduct did interfere with the protestor's right to campaign and with union members' reciprocal right to receive literature and/or solicitations of support. Andrews admitted the lengthy outburst; his out-of-control behavior was corroborated by witnesses; and his behavior drove two union members away from active campaigners who would have accepted campaign literature.
Accordingly, we GRANT this protest in part and DENY this protest in part.
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 Andrews to sign the attached Notice and post it on all union bulletin boards at the UPS Landover facility and to maintain that posting for a period of thirty consecutive days; Andrews must complete the posting within two (2) business days of receipt of this decision. We further note that if Andrews cannot properly control his own behavior while campaigning, and if he acts in the future in a way that deters members from participating in the democratic process, further sanctions may be imposed, up to and including disqualification of Andrews as a candidate.
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 128
NOTICE TO TEAMSTERS MEMBERS
EMPLOYED AT UPS LANDOVER
FROM ADDLAND ANDREWS
The Election Supervisor has found that I violated the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules") by campaigning for Local 639 IBT International Convention delegate in a way that interfered with the right of other campaigning members, and with the right of other members to receive such campaign information. My improper conduct drove members away from campaigning candidates who were distributing campaign literature.
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 interference with such rights.
The Election Supervisor will not permit any such improper interference with 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 .
_______________________________________
Addland Andrews
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
Ronald Joseph
23628 Kingston Shore Lane
California, MD 20619
Addland Andrews
9376 Harvest Way
Laurel, MD 20723
Thomas Ratliff, President
Local Union 639
3100 Ames Place, N.E.
Washington, DC 20018
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