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Office of the Election Supervisor for the International Brotherhood of Teamsters

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

 

IN RE: SAM BUCALO,                                )           Protest Decision 2015 ESD 26

                                                                        )           Issued: August 28, 2015

            Protestor.                                           )           OES Case No. P-033-081215-ME    

____________________________________)

 

            Sam Bucalo, member and secretary-treasurer of Local Union 100, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that UPS impermissibly restricted employee parking lot campaign access only to those persons who are UPS employees.

 

            Election Supervisor representative Dan Walsh investigated this protest.

 

Findings of Fact and Analysis

 

            On Monday, August 10, 2015, protestor Bucalo took a vacation day to campaign for Teamsters United at employer facilities under the jurisdiction of Local Union 100.  He campaigned first at the UPS Gest Street facility without incident.  Late in the afternoon, he moved to the UPS Sharonville facility where three other supporters of Teamsters United were already campaigning.  Those campaigners erected a small table measuring approximately 18” x 4’ for flyers and as a hard surface petition signers could use.

 

Bucalo was at Sharonville about a half hour when he received a text message from Local Union 100 president David Webster.  The text read: “Joe Mullikin just called.  Sale[1] you can hand out any literature you want but table has to go and any non-UPSers must leave.”  Mullikin is the labor relations manager for the UPS region that includes Local Union 100.  Webster told our investigator that Mullikin called him that afternoon and said, “Sam is at Sharonville and has a table set up and is collecting signatures.  He can stand there and pass out literature all he wants but can’t have a table set up and can’t have any non-UPS people on the property.”  Webster passed on Mullikin’s message to Bucalo by text at 5:58 p.m.  According to Webster, Bucalo did not reply to the text.

 

Mullikin had been told Bucalo was at Sharonville but did not witness it himself.  Further, Mullikin was unaware of the size and location of the table used for campaigning, and he had no information as to whether it interfered with ingress or egress of vehicles or pedestrians or otherwise impinged on the employer’s operations.

 

Before beginning full-time union business as secretary-treasurer, Bucalo was employed full-time by UPS.  He told our investigator he was concerned that Mullikin’s directive excluding non-UPS employees from the Sharonville parking lot applied to him, even though the language of the text expressly stated he could campaign there as he wished. 

 

UPS took no action through its security force or operations officials to remove non-UPS employees from Sharonville or any other UPS facility Bucalo visited that day.  Bucalo left Sharonville shortly after receiving Webster’s text relaying Mullikin’s statement; he went back to the Gest Street facility and campaigned there, again without incident.  The other campaigners at Sharonville, one of whom was not a UPS employee, were present there for more than twelve hours that day; UPS took no action to investigate their employment status, remove the non-UPS employee, or restrict or prohibit their use of the small table.

 

Mullikin told our investigator that UPS has a firm access policy uniformly enforced that prohibits non-UPS employees from campaigning on employer property in local union elections.  He said he understands the access rules are different for the International officer election, and he called Webster on August 10 not appreciating that the Sharonville campaigning was for that election. 

 

Article VII, Section 12(e) grants a limited right of access to members to campaign on parking lots on employer property where employees park their vehicles.  Under this provision, members generally must be permitted access for the limited campaign rights the provision specifies, and an employer may not restrict such access only to its own employees.  Counsel for UPS has informed us that the corporate office will shortly issue advice to facility managers and labor relations representatives concerning the Rules’ requirements with respect to campaign access under Article VII, Section 12(e).

 

            Despite Mullikin’s message to Webster, UPS took no action to exclude Teamster members, Bucalo included, from any facility on the day in question or to limit their ability to campaign or to use the small table they brought with them.  Accordingly, we DENY this protest.

 

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 375, 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 26 


 

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

 


Sam Bucalo

6158 Kingoak Drive

Cincinnati, OH 45248

sammo1245@aol.com

 

Teamsters Local Union 100

2100 Oak Drive

Cincinnati, OH 45241

sarahm@teamsterslocal100.com

 

Craig Holmes

United Parcel Service

55 Glenlake Parkway

Atlanta, GA 30328

cholmes@ups.com

 

Dan Walsh

950 Duxbury Court

Cincinnati, OH 45255

dwalsh@ibtvote.org

 

John Pegula

1434 Greendale Dr.

Pittsburgh, PA 15239

jpegula@ibtvote.org

 

Jeffrey Ellison

214 S. Main Street, Suite 210

Ann Arbor, MI 48104

EllisonEsq@aol.com


 



[1] So in original.  Webster said he intended “sale” to be “said.”