IN RE: WILLIAM GIBSON, Protestor.
Protest Decision 2006 ESD 253
Issued: May 19, 2006
OES Case No. P-06-275-050306-AT
William Gibson, member and principal officer of Local Union 96, 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 Mike Hampton, the local union's recording secretary, wore a Hoffa 2006 campaign shirt while meeting with the largest employer of Local Union 96 members.
Election Supervisor representative J. Griffin Morgan investigated this protest.
Findings of Fact
Recording Secretary Mike Hampton admitted that he wore a polo shirt with a Hoffa 2006 emblem on the front to a May 2, 2006 meeting between the local union and employer Washington Gas. The union officials at the meeting were President Gibson, Vice President Jack Gray, Secretary-Treasurer Phil Alter, Trustees George Pitt and Ken Thayer, and Hampton. The company management representatives were Vice President William Ziegler, Human Resources representatives Mark Krusec, Stephen Savage, and Sondiata McKeithan, and a woman who assisted Zeigler. The purpose of the meeting was to discuss an employee survey conducted by the employer. The meeting was scheduled one day in advance.
Hampton denied knowing it was a violation of the Rules to wear campaign material while meeting with the employer. He stated that if he knew wearing the shirt was a violation he would have turned his shirt inside out or covered the campaign emblem. Gibson stated that he did not notice the campaign shirt until after the meeting with the employer had started and therefore did not say anything to Hampton.
Analysis
Union officers, business agents, and employees may wear campaign emblems during working hours and while engaged in their regular union business. See, e.g., Vaule, 2006 ESD 140 (March 17, 2006). However, they may not wear such emblems when representing the union before or with an unrelated third party. Bennett, 2006 ESD 80 (February 14, 2006). Thus, union officers, business agents and employees may not wear campaign emblems when meeting with an employer of IBT members for collective bargaining or grievance resolution, when participating either as an advocate, witness or panel member in grievance hearings, when appearing on behalf of the union before legislative, administrative or judicial tribunals, when making public appearances on behalf of the union, or when engaged in similar type activities where the wearing of a campaign emblem might inappropriately suggest that the union with which the officer, business agent or employee is affiliated is as an entity supporting or opposing any particular candidate or group of candidates. Green, P320 (February 7, 1996).
As we said in Bennett, supra:
To guard against the appearance of local union support for any particular delegate candidate or slate that might be created when a representative of the union wears campaign insignia while dealing with any third party as representatives of the union, such displays by representatives of the union serving as such are prohibited.
Accordingly, we GRANT this protest.
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 Hampton to cease and desist from wearing campaign emblems when representing the union before or with an unrelated third party. To educate the membership with respect to this provision of the Rules, we order the local union to post on all union bulletin boards under the local union's jurisdiction the notice attached to this decision
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 253
[OES letterhead]
NOTICE TO ALL MEMBERS OF LOCAL UNION 96 FROM THE ELECTION SUPERVISOR FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS
The Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules") prohibit Union officers, business agents and employees from wearing campaign emblems when meeting with an employer of IBT members for collective bargaining or grievance resolution, when participating either as an advocate, witness or panel member in grievance hearings, when appearing on behalf of the union before legislative, administrative or judicial tribunals, and when making public appearances on behalf of the Union. The purpose of this prohibition is to prevent giving the impression that the Union as an entity supports or opposes any particular candidate or group of candidates in any pending Union election.
The Election Supervisor has determined that Mike Hampton, the Recording Secretary of Local Union 96, violated this provision of the Rules by wearing a shirt bearing a campaign emblem when attending a Union-management meeting with an employer of IBT members.
The Election Supervisor will not tolerate such a violation of the Rules.
The Election Supervisor has ordered Hampton to cease and desist from such a violation of the Rules.
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 for the
International Brotherhood of Teamsters
Dated:
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
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 Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, #2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
William Gibson III, President
IBT Local Union 96
2120 Bladensburg Road, N.E., #106
Washington, D.C.
Michael Hampton
8570 St. Andrews Drive
Chesapeake Beach, MD 20730
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