IN RE: ROBERT MCNATTIN, Protestor.
Protest Decision 2007 ESD 400
Issued: January 23, 2007
OES Case No. P-06-368-120806-HQ
Robert McNattin, member of Local Union 120, 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 120 president Brad Slawson, Sr. made retaliatory statements towards those who supported the Leedham Slate in the International Election, in violation of the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact
The protestor alleged that at the Loca1 Union 120 general membership meeting held on November 19, 2006, Slawson made threatening statements toward individuals who voted for the Leedham slate. Specifically, McNattin alleged that Slawson said that "there's no way to know how people voted, but I wish I did know, because good luck to those people getting services from this Union." Slawson denied saying this. McNattin also alleged that Slawson made disparaging remarks about Leedham. McNattin alleged that he called for a point of order, but Slawson shouted "you sit down." The protestor also alleged that Slawson pointed toward a gentleman in the room and said "Of course, I don't know how you voted, but I'm glad that you voted." Slawson does not deny this.
Slawson conceded that McNattin called for a point of order, but that the protestor was allowed to speak. Slawson denied that any threats were made at the meeting towards individuals who were known Leedham supporters. Slawson provided the Election Office with more than a dozen witnesses who corroborated Slawson's version of the events.
The protestor presented one witness: Howard Raygor. Raygor said that Slawson said during his speech that "I was honored to go to Virginia for the counting of the ballots. Our Local [LU 120] had two-thirds Hoffa, one-third for Leedham. I can't imagine anyone who voted for Leedham. I wish I could talk to everyone who voted for Leedham - find out what is wrong with their head." Slawson then made disparaging remarks about Leedham, accusing him of having crossed picket lines in the past. According to Raygor, McNattin then stood up, along with one or two others, and started to speak. Raygor did not recall McNattin requesting a point of order. Raygor stated that McNattin said "Brad [Slawson] - I disagree with you. The election is very important, due process is important," and similar statements.
Raygor indicated that Slawson appeared upset that one-third of the local union votes were cast for Leedham. However, according to Raygor, Slawson never identified any person who actually voted for Leedham or whom he believed voted for Leedham. Further, no individual was singled out, and Slawson did not utter any threats of any kind, either express or implied. Raygor stated that Slawson did not utter the phrase "there's no way to know how people voted, but I wish I did know, because good luck to those people getting services from this Union."
Analysis
Article VII, Section 12(g) of the Rules prohibit "retaliation or threat of retaliation by … any member of the IBT … against a Union member … for exercising any right guaranteed by" the Rules.
We DENY this protest. The evidence does not support the protestor's contention that Slawson threatened to withhold union services from members who voted for Leedham. Numerous witnesses, including one referred by the protestor, told our investigator that Slawson did not utter the threat. Investigation reveals no evidence of retaliation or threat against McNattin or other individuals who voted for Leedham.
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
2007 ESD 400
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
Robert McNattin
1973 Tatum Street
Roseville, MN 55113
Rfmcn38@yahoo.com
Brad Slawson, Sr., President
IBT Local Union 120
2635 University West #120
St. Paul, MN 55114
Fax: 651-641-1248
Steven Newmark
1725 K Street, NW, Suite 1400
Washington, DC 20006
snewmark@ibtvote.org
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com