Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: FRED ZUCKERMAN,                      )           Protest Decision 2015 ESD 38

                                                                        )           Issued: October 13, 2015

            Protestor.                                           )           OES Case No. P-057-092815-NA     

____________________________________)

            Fred Zuckerman, member and principal officer of Local Union 89 and candidate for International office on the Teamsters United slate, 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 Cassens Transport violated the Rules by barring campaign activity in parking lots where Teamster members park their vehicles.

            Election Supervisor representative Chris Mrak investigated this protest.

Findings of Fact and Analysis

            The Rules grant members and candidates the limited right to campaign on employer parking lots where members park their vehicles.  Article VII, Section 12(e). 

            On August 31, 2015, Cassens Transport vice president for labor relations Steven Gross distributed a memo to all management and supervisory personnel concerning the employer’s “prohibition of unauthorized personnel on company property.”  The memo stated that only those “groups or individuals scheduled or invited onto Company property for the express purpose of conducting business directly with a member or members of Company management are to be allowed on said property.”  The memo stated further that unauthorized individuals or groups were not allowed to meet or congregate for any reason on employer property and were to be removed immediately, by law enforcement if necessary.

            Protestor Zuckerman emailed Gross on September 1, 2015 to advise him of his intent to campaign and to request that the memo barring access be clarified to permit the campaign right granted by the Rules.  After exchange between the two individuals where Gross promised to get back to Zuckerman but did not, Zuckerman filed this protest.

            After some effort, our investigator reached Gross, who acknowledged the campaign right under the Rules as well as the Court order adopting the Rules.  He thereafter amended his August 31, 2015 memo to explain the parking lot campaign right to Cassens supervisory and management officials, quoting central portions the Rules provision and advising that access to persons permitted by the Rules is “legally available.”  The memo instructed that members seeking to campaign in accordance with the Rules provision be “direct[ed] … to the appropriate parking lot area or areas upon their arrival at the terminal.”

            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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th 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 17^th 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 38 

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