IN RE: KELLY EGGLETON, Protestor.
Protest Decision 2006 ESD 334
Issued: August 5, 2006
OES Case No. P-06-307-071106-MW
Kelly Eggleton, member and delegate from Local Union 89, 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 89 did not pay the required lost wages for the time she spent attending the IBT convention and that the local union sought reimbursement from her for per diem and hotel expenses she incurred after the date she relinquished her credentials as a delegate during the convention, both in violation of the Rules. The protest further alleged that Fred Zuckerman, local union president, violated the Rules by distributing a slanderous flyer about her and other delegates at their workplace.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
Eggleton, an elected delegate, attended the IBT convention and was paid her per diem allowance in advance by her local union. In addition, the local union paid her lodging expense. On Wednesday, June 28, 2006, the third day of the convention, Eggleton relinquished her credentials to the first ranked alternate delegate, as permitted by the Rules. Eggleton remained in Las Vegas and was available to resume her role as delegate, if necessary.
On July 6, local union president Zuckerman made written request to Eggleton that she reimburse the local union for 2 days' per diem allowance of $150 and 2 nights' lodging expense of $218, for a total requested reimbursement of $368. Zuckerman's letter declared that, "[p]ursuant to the IBT Convention rules, a delegate is due per diem and hotel expenses only for the time they serve at the convention." In addition, Local Union 89 tendered a check for lost time to Eggleton that was less than the amount required by our advisory, contending that she was not due the full amount because she did not serve as delegate for the convention's duration.
This protest followed. After contact with our representative concerning the protest, Zuckerman wrote Eggleton withdrawing his request for reimbursement and tendering payment for the balance of lost wages due under our advisory. On this basis, we deem this aspect of the protest RESOLVED.
The protest also alleged that, after the convention, Zuckerman distributed at the UPS Louisville airport locations a flyer entitled "Local 89 Convention Update" and subtitled "Local 89's Delegates Embarrass Members at 2006 Convention." The flyer declared that the local union's delegation failed to represent the membership. Among other allegations, the flyer stated that "[o]ne delegate quit halfway through the convention …" The flyer contained a notation that "[n]o union funds were used to manufacture or distribute this flyer." According to Zuckerman, the flyer was paid for by the Hoffa 2006 campaign and was distributed by retirees and members of Local Union 89. Our investigation found no contrary evidence.
The Zuckerman flyer is campaign literature. As we have previously held, the content of campaign material generally lies outside our authority to regulate. Sandford, 2006 ESD 142 (April 3, 2006). "Even if the flyer were actionably libelous, we are precluded by the Rules from censoring it." Leedham Slate, 2001 EAD 343 (May 4, 2001). Accordingly, we DENY this aspect of the 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. 20006-1416, 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 334
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
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Kelly Eggleton
3348 Old Outer Loop, #2
Louisville, KY 40219
Fred Zuckerman, President
IBT Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com