IN RE: JOHN DePIETRO, Protestor.
Protest Decision 2011 ESD 174
Issued: March 21, 2011
OES Case Nos. P-200-030711-NE
John DePietro, member of IBT Local Union 317 and candidate for delegate, 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"). DePietro alleged that he and Michael Zajac, anotherdelegate candidate on his slate, sought to campaign in the employee parking lot at Sysco Food Services in Warners, New York, but that the company denied them access.
Election Supervisor representative Deborah Schaaf investigated this protest.
Findings of Fact
Sysco Syracuse employs more than 200 IBT members represented by Local Union 317. DePietro stated that on Thursday, March 3, 2011, he and Zajac arrived at the employee parking lot at 5:00 pm to distribute campaign literature. The two candidates passed out their literature for approximately 45 minutes when two employer representatives, Brett Naylor and Tom McSweeney, confronted them. DePietro and Zajac explained that they were candidates for delegate and had a right to campaign in the employee parking lot. McSweeney then told DePietro and Zajac to leave the parking lot or he would call the police; the two candidates then left the parking lot. DePietro contacted OES and reported the exclusion immediately after it occurred.
Our representative contacted McSweeney and explained that the United States District Court for the Southern District of New York issued the Rules that govern the IBT International Union Delegate and Officer Election. McSweeney was directed to the particular rule requiring campaign access to employee parking lots, and instructed how to obtain detailed information on that rule at www.ibtvote.org. The following day, March 4, McSweeney responded for Sysco Syracuse that DePietro and Zajac could campaign in the employee parking lot on Monday, March 7. The two candidates declined that offer because mail ballots had to be received at the post office for counting by the morning of March 9.
Local Union 317 held its delegate election ballot count on March 9, 2011. Zajac and DePietro's slate lost the election by a 2-1 margin.
Analysis
The Rules provide, subject to certain limitations, that candidates and IBT members have the right to campaign "in any parking lot used by Union members to park their vehicles in connection with their employment." Rules, Article VII, Section 12(e). These rights are available "only in connection with campaigning during the 2010-2011 IBT International Union Delegate and Officer Election conducted pursuant to the Consent Order and only during hours when the parking lot is normally open to employees." Id.
DePietro and Zajac were able to campaign in the Sysco Syracuse employee parking lot on March 3 and were able to deliver their message to Sysco Syracuse employees in that forum, albeit only for 45 minutes. They were offered additional access later, but declined that and did not seek additional opportunity to campaign in the parking lot. Local Union 317 tallied its delegate election ballots on Match 9. Accordingly, the protest is DISMISSED as moot. We note, however, that the right of parking lot access continues through the conclusion of the IBT International Officer Election.
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 174
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
John DePietro
6878 Sand Hill Road, Apt. 4
East Syracuse, NY 13057
cosmo2121@yahoo.com
Gary Staring, Secretary-Treasurer
Teamsters Local Union 317
P.O. Box 11037
Syracuse, NY 13218
gstaring@twcny.rr.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 S. 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
