IN RE: RONALD JOSEPH, Protestor.
Protest Decision 2006 ESD 132
Issued: March 31, 2006
OES Case No. P-06-193-022806-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, a Local Union 639 member and candidate for delegate, campaigned among part-time UPS employees while they were in their work area and on employer-paid time, in violation of the Rules.
Election Supervisor representative J. Griffin Morgan investigated this protest.
Findings of Fact and Analysis
Protestor Joseph did not witness the conduct he alleged to be a Rules violation. He provided the name of one witness and the date of the alleged campaigning, but no other allegations relating either to the time, duration, location or nature of the alleged campaigning. Our investigator began investigating this protest on Wednesday, March 1, 2006. He called the witness many times over several days, but did not receive a return call. Our investigator called the protestor twice to see if he could encourage the witness to call the investigator. On Friday March 3, 2006, the protestor reported that the witness had promised him that she would immediately call the investigator. The witness did not call the investigator and did not respond to subsequent calls to her cell phone.
Andrews denied campaigning among part-time employees while they were working. He stated that as a shop steward he comes to work prior to his shift and speaks with the part-time employees several times each week.
In this case, the protestor has provided no evidence of a Rules violation and we have found none.
Accordingly, we DENY this 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 132
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
Stefan 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