IN RE: PHIL MEYER, Protestor.
Protest Decision 2006 ESD 335
Issued: August 1, 2006
OES Case No. P-06-310-072106-FW
Phil Meyer, a member of Local Union 206, 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 stacks of Hoffa and Hoffa-Hall bumper stickers were placed on Local Union 162's literature table for distribution, in violation of the Rules.
Election Supervisor representative Christine M. Mrak investigated this protest.
Findings of Fact
On July 19, 2006, the protestor observed stacks of Hoffa bumper stickers on Local Union 162's literature table, located in the foyer of the local union's office.
By letter dated July 24, Local Union 162 secretary-treasurer Roger Niedermeyer stated that he was unaware that the bumper stickers had been placed on the literature table until the protest was filed, but he discovered and removed them when he received the protest. Local Union 162 office manager Beth Olafson told our investigator that she was new to her duties and was unfamiliar with the requirements for monitoring the literature table. Our representative explained the requirements of the literature table advisory to Olafson.
Investigation did not reveal who was responsible for placing the bumper stickers on the literature table.
Analysis
The Election Supervisor's Advisory on the Use of Literature Tables or Bulletin Boards for the Distribution of Campaign Literature inside Union Halls, issued September 22, 2005, states that "each slate and independent candidate is entitled to have multiple copies of only one piece of literature of a size not larger than 81/2" x 11" on the literature table … at any one time."
Literature tables may not be used for distribution of campaign buttons, bumper stickers or other campaign paraphernalia.
While the bumper stickers here should not have been placed on the literature table, we find that the local union promptly removed them.
Accordingly, we deem the protest RESOLVED.
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 335
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
Phil Meyer
6950 SE Pierce Street
Milwaukie, OR 97222
Philip.meyer@comcast.net
Roger Niedermeyer, Secretary-Treasurer IBT Local Union 162
1850 NE 162nd Avenue
Portland, OR 97230
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