IN RE: JOSEPH WRIGHT, Protestor.
Protest Decision 2006 ESD 359
Issued: October 2, 2006
OES Case No. P-65-332-091106-NE
Joseph Wright, a member of Local Union 82, 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 John Murphy, candidate for IBT Eastern Region vice president, by campaigning in the parking lot adjacent to the new offices of Local Union s 82 and 122 at an open house, in violation of Article VII of the Rules, and that the local unions violated the Rules by permitting him to do so.
Election Supervisor representatives Dave Reilly and Maureen Geraghty investigated this protest.
Findings of Fact
On September 10, 2006, Local Unions 82 and 122 held a joint open house at their new union hall in South Boston, Massachusetts. Flyers and notices were widely distributed to the membership at worksites prior to the event, inviting members and their families to attend. Hoffa slate candidate John Murphy set up a campaign literature table in the parking lot adjacent to the building and distributed campaign literature and paraphernalia shortly before and during the open house event. The table was not union property.
The protestor did not seek to campaign in the union parking lot at the same event, nor is there evidence that any other members or candidates sought to do so. Likewise, there is no evidence that Local Unions 82 or 122 interfered with or restricted any candidates' right to engage in campaign activities in the union parking lot during the event.
Analysis
Article VII, Section 12(a) of the Rules provides the following:
(a) All Union members retain the right to participate in campaign activities, including the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions. This includes, but is not limed (sic) to, the right to distribute campaign literature and) otherwise to solicit support for a member's candidacy) outside a meeting hall before, during and after a Union meeting, regardless of Union policy, rule or practice.
The case law construing this provision is as clear as the rule itself. In Hoffa, P784 (June 14, 1996), the Election Officer found the local union violated the 1996 Rules by barring campaigning in the union parking lot before a meeting. Also see, Howell, P246 (December 1995) (Election Officer found the local violated the 1996 Rules by preventing protestor from leafleting outside union hall before membership meeting).
The right to campaign in union parking lots before, during and after meetings is clearly established in the Rules. The rationale underlying the rule is straightforward: affording a right to campaign in union parking lots before, during and after meetings promotes union democracy and, in particular, allows non-incumbent candidates the opportunity to speak directly with other Teamster members about campaign issues without the requirement of obtaining permission from the local union leadership as a prerequisite to addressing those members. The rule establishes that local officers have no legitimate interest in restricting campaigning in union parking lots. Members who come to the local union hall for meetings have the right to express political views with other members, and allowing campaigning in the union parking lot during union meetings promotes the objective of free, fair and informed elections.
We find that the September 10, 2006 open house was a union meeting within the meaning of Article VII, Section 12(a) of the Rules because it was a scheduled official event, open to members, inside the local union hall, with the purpose of bringing the local union's membership together. Such a finding is consistent not only with the broad underlying purpose of promoting union democracy, it is also consistent with prior decisions under Article VII, Section 12 (a) where the term "meeting" has been interpreted to include a contract ratification vote at a local restaurant. Maney, P229 (no Rules violation to leaflet outside contract ratification meeting room but inside restaurant where meeting was being held.)
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. 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 359
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
Joseph Wright
330 Dorchester Street
South Boston, MA 02127
josephawright@comcast.net
John Murphy, Secretary-Treasurer
IBT Local Union 122
765 E. Third Street
Boston, MA 02127
John Perry
330 Dorchester Street
South Boston, MA 02127
David F. Reilly
22 West Main Street
North Kingston, RI 02852
dreilly@rootltd.com
Maureen Geraghty
Geraghty Law Firm
426 Old Salem Road
Winston-Salem, NC 27101
mg@geraghtylawfirm.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com