IN RE: MATTHEW TAIBI, Protestor.
Protest Decision 2011 ESD 141
Issued: February 25, 2011
OES Case No. P-111-021111-NE
Matthew Taibi, member of Local Union 251 and delegate candidate on the Dump Hoffa 251 Slate, 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 UPS manager Patrick Maloney threatened him and his fellow slate member, Matthew Maini, with termination after Maloney learned they were candidates in Local Union 251's delegates and alternate delegates election.
Election Supervisor representatives Maureen Geraghty and Deborah Schaaf investigated this protest.
Findings of Fact
Taibi and Maini are employed as drivers at UPS's Providence Metro hub. On January 24, 2011, Patrick Maloney was appointed to UPS management at UPS Providence. Maloney does not directly supervise Maini or Taibi, both of whom are supervised by on-car supervisor Ruben Tovar.
Before February 1, 2011, Maini and Taibi discussed the importance of Maini getting approval for time-off from work to observe the February 10 printing and mailing of ballots and the March 4 ballot count for the local union's delegates election. Taibi had previously secured vacation time with UPS for those dates with Maloney's predecessor. Taibi and Maini agreed they would speak to Maloney about the request together in case there were any problems or management opposed the request.
On February 1, Maini clocked out about 7:45 p.m. and proceeded to Maloney's office to request time off. Maloney was sitting at his computer when Maini entered. Maini asked Maloney if he could take off February 10 and 11 and March 4. Maloney pulled up the driver schedule on his computer and stated the schedule showed several other employees already approved for time off those days. Maloney informed Maini that if he had seniority over any of those employees already granted permission to be off, it would not be a problem. Maini replied that he did have more seniority than one of the employees but seniority did not matter because observing the printing, mailing and counting of the ballots was official union business and he was thus automatically entitled to time off on those dates.
At about this point in the conversation, Taibi entered and listened as Maloney and Maini continued to talk. Maloney then asked the nature of the union business and for the first time learned that Maini and Taibi were candidates in Local Union 251's delegates election. Maloney was unaware of the election and asked several questions because he was generally unfamiliar with the process for electing convention delegates. Maloney stated he wished the election was on Saturday, March 5 because UPS would be severely understaffed for drivers and had about eight routes with no drivers assigned that day due to the number of employees who had asked for the day off. Maini agreed with him that March 4 was not a good day and stated he wished the election was on Saturday, March 5 too. Maini told Maloney that the incumbent officers picked the date and he and Taibi had no input in the decision. He told Maloney that if he did not like it, he should complain to the local and not them.
Both Taibi and Maini stated Maloney was upset that he did not have enough drivers that day to cover all the routes because of employees requesting the day off. According to them, Maloney stated: "You guys are killing me, I don't have enough drivers." Maini then volunteered that a whole crew of his supporters employed at the hub were also taking time off to help observe on March 4. At some point in the conversation, Maini volunteered that he and Taibi was running against the incumbents. Taibi stated Maloney responded to that information with, "Well then, I can fire you both and you won't have anyone to represent you". Maini stated Maloney, after learning they were challenging the incumbents, said: "It would be easy for me to get rid of your jobs then." Maini challenged Maloney immediately, saying: "We do our jobs well. We are good drivers. In fact, I am your best driver in this entire facility." Maini stated Maloney looked at Maini and replied: "You are right. You are my best driver." Maloney then turned to Taibi and said; "But he might need some retraining." Maloney then steered the conversation to work issues in the department.
Both Maini and Taibi perceived Maloney's statement that he could easily "get rid of your jobs" as a threat that their jobs were vulnerable because they were challenging the incumbents. Conversely, Maini and Taibi interpreted Maloney's statement about Taibi needing retraining as a joke and did not take it seriously. According to them, Maloney quickly moved the conversation to work issues. They sensed he realized he had said something in appropriate and was trying to correct the situation by moving the conversation to work issues and away from the election. Both stated they believed Maloney regretted making the statement.
Maini informed our investigator that it is possible he may have been overly sensitive to the perceived threat because of the stress of the delegate campaign combined with the fact that two years ago a UPS supervisor confided in him that an officer of the local union had asked management to fire him. Taibi stated he also viewed Maloney's statement in the same context.
Maloney confirmed that after Taibi and Maini told him they were running against the incumbents, he asked what would happen if they got fired and who would represent them. Maloney stated he made the comment in jest and did not intend to convey a threat or warning of any type to either man. Maloney stated Taibi and Maini did not seem offended by his comment, and he assumed Maini and Taibi knew he was joking. Maloney stated the February 1 conversation in his office was casual and open-ended. According to Maloney, both Taibi and Maini spoke openly about the campaign and how hard they were working to garner support. He stated he listened with curiosity and asked several questions because he was unfamiliar with the process.
Maloney has spoken to Maini and Taibi several times since this protest was filed to reassure both men that they misinterpreted his comment about discharge. Maloney and UPS counsel have each assured our investigator that UPS is neutral and does not support or oppose any candidates for delegate or alternate delegate in Local Union 251's election. They have also assured the investigator that UPS management has no intention to interfere with or restrict any employees in the exercise of their political rights. Finally, Maloney stated he regrets joking about the matter because his comments were misinterpreted.
Analysis
Article VII, Section 12(g) of the Rules prohibits "[r]etaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union Member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules."
Employer threats of termination are examined carefully by the Election Supervisor because of the strong potential they have to chill protected electoral activity. In examining the situation presented here, we find no violation of the Rules and therefore DENY the protest. We reach this conclusion because the full context of the exchange demonstrated that Maloney did not intend his statement to be a threat.
There is no evidence Maloney knew of the delegates election or the candidacies of Maini and Taibi before the February 1 conversation in his office, nor is there evidence that UPS management supports or opposes either slate in the election. Further, Maini and Taibi both recognize that Maloney regrets his statement about termination, and they both saw Maloney's comment about Taibi need for retraining as a joke. Finally, Maloney was quick to agree that Maini was an excellent driver, a statement that would not likely be made by a manager looking for a reason to discharge.
Although we find no violation of the Rules here, we caution employer management to exercise restraint and refrain from making gratuitous statements that may reasonably be perceived as threats.
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 141
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
Matthew Taibi
PO Box 40392
Providence, RI 02940
matt_taibi@yahoo.com
Joseph Bairos, Secretary-Treasurer
Teamsters Local Union 251
121 Brightridge Avenue
East Providence, RI 02914
joebairos@teamsterslocal251.com
Pat Maloney, UPS Center Manager
United Parcel Service
150 Planway
Warwick, RI 02886
Don Cragen, Regional Manager
United Parcel Service
150 Planway
Warwick, RI 02886
Darren Jones, Associate General
Counsel
United Parcel Service
55 Glenlake Pkwy., NE
Atlanta, GA 30328
darrenjones@ups.com
Maureen Geraghty
426 Old Salem Road
Winston-Salem, NC 27101
mg@geraghtylawfirm.com
Deborah Schaaf
1118 Coddington Road
Ithaca, NY 14850
debschaaf33@gmail.com
David F. Reilly
22 West Main Street
Wickford, RI 02852
dreilly@dfresq.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