IN RE: MIKE TRUEMAN, Protestor.
Protest Decision 2011 ESD 123
Issued: February 21, 2011
OES Case No. P-089-011911-FW
Mike Trueman, member of Local Union 396, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Paul Uribe made threats in violation of the Rules.
Election Supervisor representative Rochelle Goffe investigated this protest.
Findings of Fact
Uribe was nominated for delegate on the Galvan Respect and Dignity slate at Local Union 396's nominations meeting held January 8, 2011. Trueman is a business agent for Local Union 396. Trueman visited UPS Grande Vista, Uribe's worksite, on January 18 to discuss workplace issues with his stewards. Uribe approached Trueman and requested to speak with him when he was finished speaking with the stewards. Trueman agreed.
Trueman's protest recounts the ensuing exchange with Uribe, viz.
As I approached him I immediately realized that Paul was angry, agitated and barely in control of his emotions. He stated "This election has turned very personal, my house has been vandalized and I feel threatened. You better hear what I am saying! I know people and have connections, just like Ron Herrera, and I'm going to make some calls… I am very serious about this and it is all out war! Be warned I am going for blood!"
I told Paul that I know nothing about vandalism and that we would never condone such acts. I tried to calm him, told him I considered him a friend and always represented him fairly. After a brief conversation in which I tried to assure him he must be mistaken, I removed myself from the situation.
According to Trueman, the exchange lasted 5 to 7 minutes and took place outside the office of UPS computer technician Frank Kau.
Uribe told our investigator that he felt that a few people were giving him funny looks the night of the nominations meeting. He reported that the home of Galvan, the lead delegate candidate on his slate, was vandalized that night. Uribe further stated that on January 10, Jose Castro, a shop steward, told him that Trueman had come to him and asked Jose to tell Uribe that Herrera would like to debate him. Uribe did not know what to make of this and decided if Herrera wanted to talk to him, he could approach him himself.
Uribe reported that on the evening of January 16, his home was vandalized with eggs and applesauce. He stated that the vandalism and the delegates election may be coincidental, and he did not know who committed it.
Uribe stated that on January 18, he reported to work early and saw Trueman and asked to speak to him downstairs. Uribe denied that he was angry. He stated he knew Trueman did not commit the vandalism. He agreed that he told Trueman, "This election has turned very personal; my house has been vandalized." He denied the rest of the statement.
Uribe stated that he is not worried by the vandalism and does not feel in any danger.
Kau, the UPS computer tech, told our investigator that he heard an impassioned argument outside his work area on January 18. He said it lasted 10 to 15 minutes and was too loud to be comfortable. He said he did not know the participants and did not know who said what. He said he heard, "Do you think those guys are taking care of you?" and "Well, I have connections too." He said one person was more conciliatory and the other more impassioned, but neither was aggressive or threatening.
Analysis
Article VII, Section 12(g) prohibits threats for activity protected by the Rules. However, a statement of advocacy does not become a prohibited threat merely because it is loud or impassioned. Ramos, 2006 ESD 65 (February 3, 2006). We find that Uribe's statements to Trueman were loud and impassioned, but they did not cross the threshold to prohibited threats. 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, 1801 K Street, N.W., Suite 421 L, Washington, D.C. 20006, 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
2011 ESD 123
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Hall 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington, D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
Mike Trueman
17431 Bramble Court
Yorba Linda, CA 92886
runonmt55@roadrunner.com
Ron Herrara, Secretary-Treasurer
Teamsters Local Union 396
880 Oak Park Road, #200
Covina, CA 91724
ronherrara@local396.net
Paul Uribe
1212 Valencia Way
Arcadia, CA 91006
Rochelle Goffe
1234 22nd Avenue, E
Seattle, WA 98112
rochellegoffe@gmail.com
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
chrismrak@gmail.com
Maria Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
mho@ibtvote.org
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W. Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com