IN RE: LUKE VAULE, Protestor.
Protest Decision 2006 ESD 140
Issued: March 17, 2006
OES Case Nos. P-06-119-020106-FW
Luke Vaule, member and alternate delegate candidate of Local Union 174, 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"). The protest alleged that his employer, Coca-Cola, prohibited him from wearing a campaign button while working, in violation of the Rules.
Election Supervisor representative Christine M. Mrak investigated this protest.
Findings of Fact
Protestor Vaule is an employee of Coca-Cola at its Bellevue, Washington warehouse. He alleged that on January 30, 2006, the night load supervisor, Casey Hobbs, directed him to remove a campaign button from his shirt that read "Leedham2006Scott." The button's message was intended to support candidates in both the International and local union delegate and alternate delegate elections. The next day, Jim Apostoles, Coca-Cola's human resources director, told Vaule that he could not wear campaign buttons in the workplace.
Apostoles provided our investigator with a copy of a written policy that he said applied to all warehouse employees, even those who, like Vaule, do not meet or interact with customers or the public. Apostoles said Vaule was informed of the policy, and that he told Vaule that only paraphernalia related to Coca-Cola may be worn and that the policy is consistently enforced.
Vaule contended that the policy is not strictly enforced. Although the policy does not refer to buttons expressly, it states that "logos on shirts and sweaters should be small and discreet; however, competitive attire and logos are not acceptable."
Jim Panian, the business agent assigned to Coca-Cola by Local Union 174, stated that he was unaware that discipline has ever been imposed for uniform violations; he further stated that he has seen NASCAR hats worn in the plant.
Shop steward Chris Pringle stated that the company has discouraged union election campaigning in the past but is more relaxed in regard to sports and other non-campaign message paraphernalia.
Analysis
Under Article VII, Section 12(d) of the Rules, "no restrictions shall be placed upon candidates' or members' preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fundraising events or engage in similar activities on employer or Union premises."
Among the preexisting rights of employees is the right to wear campaign emblems on buttons, t-shirts or hats while working. See Republic Aviation Corporation v. NLRB, 324 U.S. 793 (1945); Malta Construction, 276 NLRB 1494 (1985), enf'd, 806 F.2d 1009 (11th Cir. 1986); E&L Transport Co., 331 NLRB 640 (2000). The Election Officer ruled in Saavedra, P509 (May 1, 1996), that employees who do not meet the public in the course of their duties may wear partisan t-shirts. Similarly, Blanchet, P228 (January 3, 1996), found that an employee has a right to wear two inch campaign button on the job where the employee does not meet customers or the public.
Accordingly, we GRANT this protest.
Remedy
When the Rules have been violated, the Election Supervisor "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor considers the nature and seriousness of the violation, as well as its potential for interfering with the election process. Therefore, the Election Supervisor orders that Coca-Cola not enforce its policy to prevent IBT members who do not meet customers or the public while working from wearing partisan campaign buttons during work time or on work premises. The Election Supervisor further orders Coca-Cola to post the attached notice on all company bulletin boards at its Bellevue, Washington facility that are maintained for communicating with IBT members.
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 140
NOTICE TO TEAMSTERS MEMBERS FROM
THE ELECTION SUPERVISOR FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS
The Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("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 protect the preexisting rights of employees who do not interact with customers or the public to wear campaign emblems on buttons, t-shirts or hats while working.
The Election Supervisor will not permit interference with rights protected by the Rules.
The Election Supervisor has ordered Coca-Cola not to enforce its policy that prohibits wearing of campaign buttons in the workplace.
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.
_______________________________________
Richard W. Mark
Election Supervisor
This notice has been approved by 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
barbaraharvey@comcast.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Luke Vaule
19808 SE 8th St
Sammanish, WA 98074
lukevaule@msn.com
Dan Scott, Secretary-Treasuer
Local 174
14675 Interurban Avenue S., Suite 303
Tukwila, WA 98168-4652
Coca-Cola
1150 124th Avenue, NW
Bellevue, WA 08005
Christine M. Mrak, Esq.
2357 Hobart Avenue
Seattle, WA 98116
cmm@wmblaw.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com