OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: HAROLD HUNT, ) Protest Decision 2011 ESD 232
) Issued: April 25, 2011
Protestor. ) OES Case Nos. P-177-022511-FW
____________________________________) & P-184-022811-FW
Harold Hunt, member of Local Union 315 and delegate candidate on the Team UPS slate, filed two pre-election protests pursuant to Article XIII, Section 2 of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”).
These protests were consolidated for investigation and decision. Election Supervisor representative Chris Mrak investigated them.
Findings of Fact and Analysis
Alleged threat by Carlos Borba
Local Union 315 is entitled to six delegates and six alternate delegates to the IBT convention. At the nominations meeting held January 4, 2011, protestor Hunt and ten other candidates were nominated delegate; eight candidates were nominated for alternate delegate. All candidates except one affiliated with slates. The Team 315 slate was a full slate of six delegate and six alternate delegate candidates. Two other slates, including the protestor’s, were comprised of two delegate candidates each and no alternate delegate candidates. One slate listed two alternate delegate candidates only. Finally, one delegate candidate ran as an independent.
Ballots were mailed February 8 and tallied March 8. All candidates on Team 315 won their elections. The six winning delegate candidates had tallies ranging between 461 and 492 votes. Protestor Hunt finished in eleventh and final place with 175 votes.
At the candidates meeting that immediately followed the January 4 nominations meeting, candidates completed information sheets and filled out slate declaration forms. Protestor Hunt was seated at a long table directly opposite Carlos Borba, a delegate candidate on Team 315, the full slate that included local union officers and business agents. As Hunt and the other candidate on his slate, Martin Araujo, completed their slate declaration form, Araujo asked Hunt what name they should give their slate. According to Hunt, Borba overheard this question and interjected, “Why don't you call yourself Team Fuckup?” Hunt replied, “How about Team Carlos Borba?” Borba responded, “I'll sue you.” Casey Sawyer, a Local Union 315 member who was running the candidates meeting then intervened and told both parties, “You can do what you want in the parking lot after the meeting but we need to be professional and get the business of this meeting done.” According to Hunt, Borba then said, “I'd like to go outside and he can call his daddy so I can kick his ass too.” Hunt’s father had attended the nominations meeting.
Borba told our investigator that Hunt started the exchange by suggesting that he would call his slate the Carlos Borba slate, to which Borba replied, “I’ll sue you if you do.” Hunt then told the assembled candidates, “See? I’m being threatened.” Borba said he replied, “It’s not a threat, it’s a promise.” OES representative Mrak, who was present, told Borba of his right to file a protest if Hunt used his name on Hunt’s slate. Borba denied any claim that he suggested they go outside or that he made a physical threat.
Hunt filed this protest February 24, 2011, some 51 days after the alleged incident. Article XIII, Section 2(b) requires that a protest be filed within two working days of the incident or it “shall be waived.” Hunt has offered no meritorious reason for his delay in filing the protest. Accordingly, we DENY this aspect of the protest as untimely filed.
Were we to consider it on the merits, we would deny it. The Rules prohibit retaliation or threat of retaliation for protected conduct. The facts presented here do not establish that a threat was made.
Alleged curse by Frank Coppa
Protestor Hunt alleged that business agent Coppa cursed at him on January 4, 2011. By email dated March 2, Hunt requested to withdraw this allegation. Finding that withdrawal serves the purposes of the Rules, we deem this aspect of Hunt’s protest WITHDRAWN.
Alleged untimely response to request for worksite list
Hunt next alleged that Local Union 315 failed timely to provide him a copy of the worksite list. Hunt made written request for it indirectly, by emailing OES representative Mrak on February 17 with a list of complaints, including this: “I am requesting a list of the companies and their addresses covered by Local 315 mailed to me at 190 Chelsea ct Vacaville CA. 95687.” Hunt sent a copy of this email to the local union.
Article VII, Section 1(b) requires a local union to honor a worksite list request within five days of receipt. Local Union 315 responded by email and phone message before noon on February 22, the fifth day, that the worksite list was available for pickup at the union hall. The messages also stated that if Hunt wished the list mailed, the local union would do so. When Hunt did not appear at the hall that day or otherwise respond to the messages, the local union sent him the list by certified mail on February 23, and Hunt signed for it on February 25.
Hunt told our investigator that, because his initial request was that the local union mail the list to him, he regarded the local union’s offer to have him pick it up as a stalling tactic.
We disagree. The local union contacted Hunt on February 22, the fifth day following his request (the second, third and fourth days were weekend days and President’s Day, when the local union was closed), to inquire as to his preference for picking the list up or receiving it by mail. When Hunt did not respond to these contacts that day, the local union mailed it the next day. We regard the union’s action in contacting and then mailing Hunt as proof of compliance with the rule. Accordingly, we DENY this aspect of the protest.
Alleged improper literature table supervision
Hunt alleged that the literature tables at Local Union 315’s halls were supervised by candidates in the delegates election. The final section of our Advisory on literature tables[1] states that “[e]ach local union must assign a staff member or union officer (who is not a candidate) to inspect the literature table or bulletin board at least twice weekly to assure that copies of campaign literature of all slates and independent candidates are available.” Hunt claimed that Borba and Mario Martinez, candidates on Team 315, were in charge of policing the literature tables at the Vallejo, California and Martinez, California union halls, respectively.
Investigation showed that Borba and Martinez had no responsibility for policing literature tables. Instead, an office clerical employee at each of the local union’s three halls had that responsibility.[2]
Accordingly, we DENY this aspect of the protest.
Alleged failure to include disclaimer on campaign mailing
Hunt alleged that a campaign mailing done by Team 315 failed to include a disclaimer on the envelope indicating that the contents was campaign literature that the local union did not endorse. Such a disclaimer is required by Article VII, Section 7(a)(3) when the candidate or slate uses the local union’s “nonprofit organization bulk-rate permit.” The Team 315 mailing did not use the local union’s mailing permit.
On March 2, Hunt requested to withdraw this allegation. Finding that withdrawal serves the purposes of the Rules, we deem this aspect of Hunt’s protest WITHDRAWN.
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.
[1] Advisory on the Use of Literature Tables or Bulletin Boards for the Distribution of Campaign Literature Inside Union Halls (May 28, 2010).
[2] Margarita Chavez at Vallejo, Julie Ferrari at Martinez, and Claudia Davis at San Mateo were in charge of the literature tables at those locations. None was a candidate for delegate or alternate delegate.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2011 ESD 232
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
Harold Hunt
193 Chelsea Court
Vacaville, CA 95687
teamsters4choice@gmail.com
Dale Robbins, Secretary-Treasurer
Teamsters Local Union 315
P.O. Box 3010
Martinez, CA 94553
drobbins@teamsters315.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