IN RE: GERALD MOERLER, Protestor.
Protest Decision 2006 ESD 382
Issued: October 24, 2006
OES Case No. P-06-338-092606-FW
(See also Election Appeals Master decision 06 EAM 74)
Gerald Moerler, a member of Local Union 848, 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 Ray Oroñoz, a shop steward at Local Union 848, removed campaign flyers from car windshields, in violation of the Rules.
In Moerler, 2006 ESD 367 (October 5, 2006), we granted the protest and ordered a remedy that included a mailing of Leedham campaign literature at Local Union 848's expense to all members of Local Union 848 employed at the Santa Fe Springs facility of Vons Grocery. No appeal was taken from this decision, and the remedial mailing was completed.
Subsequently, we learned that members of 3 IBT local unions are employed at the Santa Fe Springs facility. Thus, Local Union 848 represents Vons drivers, Local Union 630 represents Vons warehouse employees, and Local Union 495 represents Vons mechanics at that facility. We verified that members of all 3 local unions park their personal vehicles in the parking lot in which Oroñoz violated the Rules by removing Leedham campaign literature from vehicle windshields.
Based on this finding, we have determined that the remedy we imposed in 2006 ESD 367 was incomplete because the remedial mailing did not reach members we find were affected by the improper action of Oroñoz.
On our own motion, therefore, we supplement the remedy ordered in 2006 ESD 367 as follows:
We order Local Union 848 to pay the full cost of duplicating and mailing to the full membership of Local Unions 630 and 495 employed at the Sante Fe Springs facility of Vons Grocery a one-page, two-sided campaign flyer to be supplied by the Leedham campaign. Such flyer shall be mailed no later than Thursday, October 26, 2006 by first-class mail. Local Unions 630 and 495 each shall supply the list of its members employed at this facility, current as of the date it supplies it, to the mail house selected by the Leedham campaign in a form (label or electronic) designated by the Leedham campaign. Local Union 848 shall tender payment of the costs identified in this paragraph within 2 working days of receipt of documentation showing duplication and mailing costs. The Leedham campaign shall be permitted reimbursement for the costs of printing (including plate-making, 4 colors maximum), ink, paper and envelope stock, folding, stuffing, and postage. The Leedham campaign shall be responsible for the art and typesetting costs associated with the flyer. We order this remedy pursuant to Article XIII, Section 4(h) of the Rules, which authorized the Election Supervisor to "requir[e] the Union to mail or otherwise distribute, at its own expense, candidate campaign materials," and Section 4(m), under which the Election Supervisor may "require[e] the Union to provide candidate(s) with specific goods or services." We hold Local Union 848 responsible for Oroñoz' action because of his status as a shop steward. In that capacity, Oroñoz was the ranking union official at the facility and had a special responsibility to insure that his actions complied with the Rules.
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 367
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 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
Gerald Moerler
21131 E. Calora Street
Covina, CA 91724
(By fax and UPS overnight)
Ray Oroñoz
20114 Willow Road
Walnut, CA 91789
(By UPS overnight)
Jim Santangelo, Secretary-Treasurer
IBT Local Union 848
818 Oak Park Road, Suite 200
Covina, CA 91724
(By fax and UPS overnight)
Paul Kenny, Secretary-Treasurer
IBT Local Union 630
750 S. Stanford Avenue
Los Angeles, CA 90021
paul@teamsters630.org
Bob Lennox, Secretary-Treasurer
IBT Local Union 495
9101 E. Whittier Blvd., 2nd floor
Pico Rivera, CA 90660
office@teamsters495.org
Vons Grocery Corporate Headquarters
618 Michillinda Avenue
Arcadia, CA 91007
(By UPS overnight)
Dolly Gee
Schwartz, Steinsapir, et al
6300 Wilshire Blvd., Suite 200
Los Angeles, CA 90048
dmg@ssdslaw.com
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
cmm@wmblaw.net
Bill Kane
242 Old Haymaker Road
Monroeville, PA 15146
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com