Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: HOFFA-HALL 2011,                        )           Protest Decision 2011 ESD 329

                                                                        )           Issued: September 26, 2011

            Protestor.                                            )           OES Case Nos. P-325-092111-NE    

____________________________________)

            Hoffa-Hall 2011 filed a pre-election protest pursuant to Article XIII, Section 2 of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules").  The protest alleged that the Pope campaign used employer resources to campaign, in violation of the Rules.

             Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

David Hoffa, counsel for Hoffa-Hall 2011, alleged that while sitting in a Starbucks at 53^rd Street and Avenue of the Americas in New York City on September 21, 2011, he saw a Pope bumper sticker displayed in the window of a delivery truck operated by Certified Moving & Storage.  He attached a smartphone photo of the truck to the protest.  He asserted that the Pope campaign made impermissible use of the employer's truck to deliver a campaign message.

Investigation showed that the employer, which is under the jurisdiction of Local Union 814, operates a fleet of trucks in and around New York City.  The steward for the drivers employed there told our investigator that, when the protest was filed, he was instructed by the principal officer of his local union to inspect all the trucks and remove campaign stickers that might be found.  He did so, finding one sticker supporting Pope and no other campaign material.  He removed the sticker.  He told our investigator that he was unable to identify the driver who drove the truck on the day in question because truck assignments change daily.

On these facts, we GRANT the protest.

Remedy

When the Election Supervisor determines that the Rules have been violated, he "may take whatever remedial action is deemed appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process.

            We order the Pope campaign to cease and desist from using employer resources to campaign.

            As the sticker has now been removed from the Certified Moving & Storage truck, we order no further remedy.

            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 329

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