OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: FRED ZUCKERMAN, ) Protest Decision 2015 ESD 18
) Issued: August 11, 2015
Protestor. ) OES Case No. P-003-060115-FW
____________________________________)
In Zuckerman, 2015 ESD 8 (corrected) (July 16, 2015), we found that Robert Stansbury violated the LMRDA by conducting surveillance of persons attending an event that promoted the candidacy for International office of protestor Zuckerman. The remedy for this violation included posting a notice in English and Spanish on all worksite bulletin boards under the jurisdiction of Local Union 396. The English language notice was attached to the corrected decision issued July 16. The Spanish language notice was issued to all interested parties on July 21.
On August 7, 2015, we made a compliance inquiry of Local Union 396 with respect to the notice posting. In response, the local union submitted to our offices a declaration attesting that the English language notice was posted on all required bulletin boards within the three days directed in the corrected decision. However, the local union also advised us on August 7 that the Spanish language notice, emailed to the local union at its general email mailbox on July 21, was not discovered by any local union representative or employee until August 7, the date of our compliance inquiry. We were advised that posting of the Spanish language notice would be undertaken forthwith and completed promptly.[1]
Under these circumstances, we direct that the period of posting of both the English language and Spanish language notices be extended on all worksite bulletin boards under the jurisdiction of Local Union 396 to September 21, 2015, three weeks longer than the period ordered in our original decision, to insure that members have reasonable opportunity to view the notice. In ordering the extended posting period, we reject as unwarranted the request of Teamsters United that the notices be mailed to every member of Local Union 396 at the local union’s expense.
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:
Kathleen A. Roberts
Election Appeals Master
JAMS
620 Eighth Avenue, 34th floor
New York, NY 10018
kroberts@jamsadr.com
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, 1050 17th Street, N.W., Suite 350, Washington, D.C. 20036, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kathleen A. Roberts
2015 ESD 18
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
braymond@teamster.org
David J. Hoffa
1701 K Street NW, Ste 350
Washington DC 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
Teamsters United
315 Flatbush Avenue, #501
Brooklyn, NY 11217
info@teamstersunited.org
Louie Nikolaidis
350 West 31st Street, Suite 40
New York, NY 10001
lnikolaidis@lcnlaw.com
Julian Gonzalez
350 West 31st Street, Suite 40
New York, NY 10001
jgonzalez@lcnlaw.com
David O’Brien Suetholz
515 Park Avenue
Louisville, KY 45202
dave@unionsidelawyers.com
Fred Zuckerman
P.O. Box 9493
Louisville, KY 40209
fredzuckerman@aol.com
Robert Stansbury
1817 Blazing Star Drive
Hacienda Heights, CA 91745
stansburybigpapa@yahoo.com
Teamsters Local Union 396
880 S. Oak Park Rd, Suite 200
Covina, CA 91724
teamsters@local396.net
Michael Miller
P.O. Box 251673
Los Angeles, CA 90025-1673
miller.michael.j@verizon.net
Deborah Schaaf
1521 Grizzly Gulch
Helena, MT 59601
dschaaf@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Suite 210
Ann Arbor, MI 48104
EllisonEsq@aol.com
[1] The local union remains required by the existing remedy to submit affidavit proof of its compliance with the posting of the Spanish language notice.