IN RE: GEORGE PRUSINOWSKI, Protestor.
Protest Decision 2006 ESD 182
Issued: April 13, 2006
OES Case Nos. P-06-101-020106-NE & P-06-150-021506-NE
George Prusinowski, a member of the executive committee of Local Union 1149 and candidate for alternate delegate on the Local 1149 Members Voice slate, filed two pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protests alleged that Katie Brutcher and Mike Durkin, both members of Local 1149 and candidates for delegate and alternate delegate, on the Tom Leedham/United Rank & File slate (UR&F slate), used employer resources in their campaign, in violation of the Rules.
Election Supervisor representatives David F. Reilly and Arthur Wasserman investigated this protest.
Findings of Fact
Prusinowski alleged that UR&F campaign literature mailed to Local Union 1149 members included candidates' photos copied from identification badges issued to employees by Anheuser-Busch. He alleged that this use of employer-owned ID badges constituted an impermissible employer contribution.
The Anheuser-Busch employee identification badge includes a picture of the employee. The reverse of the badge contains the following:
This badge must be worn at all times while on company property. This badge must be surrendered on demand or on termination of employment. The use of this badge by any person other than the one named hereon and whose picture appears hereon is prohibited. If found, please drop in any U.S. mailbox. Return Postage. P.O. Box 1824, St. Louis, MO 63118.
Michael Kafoury, an Anheuser-Busch lawyer, confirmed that the ID badges issued to Local Union 1149 members employed at the Baldwinsville, NY brewery are the property of the employer. He also confirmed that:
• New badges are issued regularly. When replacement badges are issued, the employee must turn in his/her old badge;
• Anheuser-Busch controls the production of the badge, including taking the picture that appears on the badge;
• Since at least 2001, all ID photos show the employee positioned in front of a solid, undecorated background screen; and
• Since 2003, ID photos have been taken without hats, safety goggles and ear plugs. Employees may wear eyeglasses in ID photos only if they customarily wear them.
We interviewed the members of the UR&F slate and more than a dozen of its supporters. Candidate Brutcher stated that she took the photos used in the campaign literature at various times and locations. Brutcher claimed that she took the photos using her digital camera. These statements were corroborated by the candidates whose photos were used in the campaign literature.
In addition, many of those persons interviewed volunteered that Anheuser-Busch does not allow the wearing of hats, safety glasses or other paraphernalia, consistent with the statement of counsel for the employer. Interviews with specific subjects of pictures used in the campaign literature disclosed the following:
• The photo of James Schmitt, whose appearance in a campaign flyer was cited in the initial protest, shows him wearing a hat and standing in front of a garage door. Counsel for the employer reviewed the employer's records and confirmed that, consistent with policy, Schmitt was not wearing a hat in the photos that appear on his 2001, 2004, 2005 and 2006 identification badges.
• Gregg Hayduke's photo in the campaign literature cited in both protests also shows him posed in front of a garage door wearing safety glasses. Anheuser-Busch records show no glasses in Hayduke's photos taken for the 2001, 2004, 2005 and 2006 ID badges.
• Joe Zainchowski stated that the campaign photo shows him clean shaven while his ID photo shows him with a mustache, a difference confirmed by Anheuser-Busch with respect to the badges issued to Zainchowski in 2001, 2004, 2006 and 2006.
• Mike Durkin's campaign photo shows him without eyeglasses, while his identification badge picture includes eyeglasses; the employer confirmed that Durkin's 2004, 2005 and 2006 ID badges show him with eyeglasses.
• Roy French is pictured in campaign literature wearing a hat. His ID photo shows him bareheaded, consistent with Anheuser-Busch policy, and confirmed by counsel for the employer as to 2001, 2004, 2005 and 2006 badges.
Analysis
Article XI of the Election Rules incorporates by reference Article IV, Section 4 of the IBT Constitution, stating, "No candidate for election shall accept or use any contributions or other things of value received from any employer, representative of an employer, foundation trust or any similar entity"
The protestor's claims that candidates on the UR&F slate violated the Rules by using Anheuser-Busch ID photos in their campaign literature are not supported by the evidence.
Accordingly we DENY the protests.
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 182
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
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
George Prusinowski
8471 Smokey Hollow Rd.
Baldwinsville, NY 13027
Greg Hayduke
3403 Verplank Road
Clay, NY 13041
Lisa Prusinowski
357 Wainwright Avenue
Syracuse, NY 13208
Marcia Howard-Stockard
104 Ivy Lane
Syracuse, NY 13219
Min Jeong
4114 Split Rock Road
Camillus, NY 13031
Amy Prusinowski
32 Curtis Avenue
Baldwinsville, NY 13027
Jim Schmitt
12457 Short Cut Road
Cato, NY 13033
Jack Patton
4773 Glencrest Avenue
Liverpool, NY 13088
Katie Brutcher
United Rank & File Slate
167 State Route 48
Phoenix, NY 13135
Mike Durkin
United Rank & File Slate
148 Dorando Way
Liverpool, NY 13090
Terry Cirigliano
P.O. Box 1071
Elbridge, NY 13060
Karen Zimmer
400 Sydney Street
Syracuse, NY 13219
Roy French
23 Wybron Road
Fulton, NY 13069
Alice Washington
107 West Pleasant Avenue
Syracuse, NY 13205
Joe Zainchowski
107 Willow Lane
Elbridge, NY 13060
Steve Richmond
Members Voice Slate
P.O. Box 61
Baldwinsville, NY 13027
Howard Ormsby, Secretary-Treasurer
IBT Local Union 1149
P.O. Box 124
Baldwinsville, NY 13027
David F. Reilly, Esq.
22 West Main Street
North Kingston, RI 02852
dreilly@rooltd.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com