Protest Decisions

Election Supervisor representative Peter M. Geraghty investigated this protest.

Findings of Fact and Analysis

Local Union 82 was placed under emergency trusteeship on September 27, 2010.   On the same date, General President Hoffa appointed Denis Taylor as Trustee.   Taylor serves as president of Local Union 355 in Baltimore, Maryland, in addition to his duties as Trustee of Local Union 82.

Local unions in trusteeship are permitted by Article III, Section 5(a)(3) of the IBT constitution to send delegates to the IBT convention provided those delegates are elected by secret ballot.   Based on its membership size, Local Union 82 is entitled to one delegate to the IBT convention.   At the nominations meeting held February 20, 2011, Leif Thornton, Kevin McNiff, and Joseph Previti were nominated for this position.  

Ballots were mailed March 23 and counted April 15.  

Protestor Previti first alleged that the local union failed to permit him to review collective bargaining agreements that cover members of Local Union 82.   Candidates are permitted such review by Article VII, Section 1 of the Rules.  

The protestor claimed he went to the local union hall on a date he did not recall and requested to inspect collective bargaining and project labor agreements; he said he was told he could not look at any agreements without the approval of Trustee Taylor, who was not present at the time.   The protestor claimed he placed his request in writing the same day and hand-delivered it to the local union.   He did not provide a copy of the written request to our investigator, and the local union denied receiving such a request.   The protestor alleged that Taylor's schedule at the local union of a half day each on Monday and Friday interfered with his right to inspect labor agreements; he requested that Taylor delegate authority to a staff person in his absence to insure that candidates' right to inspect labor agreements is honored.

Taylor told our investigator that he reassured protestor Previti that he was free to inspect any collective bargaining agreement covering Local Union 82's members.   Taylor stated that the protestor and an observer, Kevin Barry, visited the local union's office on Tuesday, March 22.   During that visit, Taylor advised them they could inspect all current collective bargaining agreements and all current project labor agreements.   Taylor stated the protestor and Barry asked to inspect a collective bargaining agreement to which Skyline, an employer, was party.   That agreement was produced to the protestor.   The protestor also asked to see a project labor agreement for a recent show at a local hotel.    This too was produced.   Taylor did not produce an expired project labor agreement, as it no longer covered Local Union 82's members and the local union was therefore not required to produce it under Article VII, Section 1(a) of the Rules.

As we noted in Corbitt, 2011 ESD 215 (April 17, 2011), Taylor agreed to notify all candidates, via first class mail, when the local union entered into any project labor agreements.   Such notice would permit candidates to inspect the agreement and determine when and where Local Union 82 members will report to those short-term jobs.    If a project labor agreement were to be signed shortly before the job occurred, as is frequently the case, the local union office agreed to contact candidates via telephone immediately to advise them of the location and date of such jobs.

On this basis, we deem this protest RESOLVED.  

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, NY 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 216

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