IN RE: DAVID MACELLARI, Protestor.
Protest Decision 2006 ESD 152
Issued: March 17, 2006
OES Case Nos. P-06-178-022706-FW
David Macellari, a member 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 local union secretary-treasurer Dan Scott used a local union event to promote his candidacy for delegate to the 2006 IBT Convention, in violation of the Rules.
Election Supervisor representative Christine M. Mrak investigated this protest.
Findings of Fact
Macelleri filed this protest when he received an invitation, on February 23, to the "Membership Breakfast" to be held March 5. The protestor alleged that this breakfast had always been known as a "Stewards Breakfast," to honor shop stewards. Macellari alleged that the invitation list was broadened to all members and the event was timed to influence the outcome of the delegate and alternate delegate election. Ballots were counted in that election March 9.
Local Union 174 business agent Pat Frey stated that the local union holds two breakfasts annually: one in February and one in September. This year the breakfasts are in March and October; according to Frey, this was not a political decision. Frey further stated that the breakfasts have not been exclusively for stewards for the past two years, but rather have been open to all stewards and individuals who consider themselves to be "union activists." Frey pointed out that Macellari's opponent, Rick Hicks, was invited, even though Hicks is not a steward. Frey said approximately 500 of the local's 7,000 members were invited.
Macellari has admitted to our investigator that the content of the breakfast included no campaigning. The agenda listed only items of local union business.
Macellari further alleged that local union staff telephoned members to encourage them to attend the breakfast. Frey agrees this was done but stated that the local union sought to boost attendance at the breakfast.
Analysis
Article VII, Section 12(c) of the Rules provides that "Union funds, facilities, equipment, stationery, personnel, etc., may not be used to assist in campaigning unless the Union is reimbursed at fair market value for such assistance, and unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance."
Article XI, Section 1(b)(1) and (3) prohibit the use of union resources to "promote the candidacy of any individual," absent fair market value compensation by the candidate, and advance written notice of the availability of union resources to all candidates.
We find that the breakfast in question was conducted solely to address local union business and not to support or oppose the candidacy of any individual for delegate.
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 152
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
David Macellari
2118 North 146th Street
Shoreline, WA 98133-6706
Copperdoor@msn.com
Dan Scott, Secretary-Treasurer
Teamsters Local 174
14675 Interurban Avenue S.
Suite 303
Tukwila, WA 98168-4652
Christine M. Mrak, Esq.
2357 Hobart Avenue, SW
Seattle, WA 98116
cmm@wmblaw.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com