IN RE: DAVID MACELLARI, Protestor.
Protest Decision 2006 ESD 261
Issued: May 22, 2006
OES Case Nos. P-06-273-050306-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 Dianne Bolton violated the Rules by circulating a petition that sought "to force the newly elected Rick Hicks Teamsters 4 Leadership Slate to support Tom Leedham at the upcoming delegates Convention."
Election Supervisor representative Christine M. Mrak investigated this protest.
Findings of Fact
Investigation showed that Dianne Bolton, president of local union 174 and unsuccessful candidate for delegate, campaigned in a UPS parking lot on May 1, 2006 between 7:45 and 8:00 a.m. During this campaigning, Bolton circulated a petition that stated the following: "We the undersigned members of Teamsters Local 174 wish to have our elected delegates for the IBT convention vote to nominate the entire Tom Leedham slate to ensure all members have a choice in the IBT presidential election."
Although its elected president, Bolton does not work full-time for Local Union 174. Instead, she is employed by UPS and usually works 2:30 p.m. to 11:30 p.m. On May 1, she was released from her normal UPS duties to perform union business on the local union benefits committee between 10 a.m. and 6:15 p.m. Accordingly, she was on personal time during the early morning campaign activity at issue here.
Analysis
Article VII, Section 12(b) of the Rules provides that "officers and employees (and other members) of the Union may not campaign on time that is paid for by the Union." As Bolton was on personal time when she campaigned, she did not violate this provision.
Article VII, Section 12(a) protects the rights of all union members "to participate in campaign activities …, to support … any candidate, [and] to aid or campaign for any candidate." Bolton's petition sought support for the Leedham slate at the IBT convention. As such, the petition constituted campaign activity protected by the Rules.
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 261
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.
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
David Macellari
2118 North 146th Street
Shoreline, WA 98133-6706
Copperdoor@msn.com
Dianne Bolton
44400 SE 159th Street
North Bend, WA 98045
Dianne_bolton@centurytel.net
Rick Hicks
13623 SE 267th Pl.
Kent, WA 98042
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