IN RE: PHIL MEYER, Protestor.
Protest Decision 2006 ESD 385
Issued: October 25, 2006
OES Case No. P-06-356-101806-HQ
Phil Meyer, a member of Local Union 305, 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 305 officers Tony Andrews, Steve Pickle, and Jim Fox campaigned while on paid union time using literature produced and copied on paid union time and with local union resources, in violation of the Rules.
Election Supervisor representative Steven Newmark investigated this protest.
Findings of Fact
Andrews, Pickle, and Fox handed out campaign literature supporting the Hoffa 2006 slate at the Albertson's warehouse in Portland, Oregon on the afternoon of October 17, 2006. Meyer alleged that the literature was signed by Andrews as local union secretary-treasurer and was produced and photocopied on union time and using local union resources.
Investigation showed that the flyer was signed by "Tony Andrews, Local 305 Member." The flyer made no reference to Andrews' position as secretary-treasurer of the local union and the literature was not reproduced on union letterhead.
Andrews told our investigator he composed the original flyer at his residence on Sunday, October 15, and Fox photocopied it at his residence using his own photocopier and paper before the start of his workday on Monday, October 16. Investigation did not produce any local union employee or other witness who observed the flyers being copied at the local union.
Investigation also revealed that the three campaigners submitted written requests for vacation time for October 17 and were credited with vacation time for that date.
Analysis
Article VII, Section 12(a) of the Rules prohibits members from campaigning during working hours. The provision emphasizes that "campaigning during paid vacation, paid lunch hours or breaks, or similar paid time off is also not violative of this section."
Article VII, Section 12(c) bars use of union resources, including equipment and stationery, to support a candidate.
We find the campaigners here used vacation time to campaign. We further find that the flyers were not produced on union-paid time or using union resources. Finally, Andrews' endorsement for the Hoffa campaign was expressly in his capacity as a local union member, and was not an expression of endorsement by the local union.
Accordingly, we DENY 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 385
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
Tony Andrews, Secretary-Treasurer
IBT Local Union 305
1870 NE 162nd Avenue
Portland, OR 97230
Steve Pickle, Business Agent
IBT Local Union 305
1870 NE 162nd Avenue
Portland, OR 97230
Jim Fox, Business Agent
IBT Local Union 305
1870 NE 162nd Avenue
Portland, OR 97230
Steven R. Newmark
Office of the Election Supervisor
1725 K Street, NW, Suite 1400
Washington, DC 20006
snewmark@ibtvote.org
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com