Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: CHRISTOPHER TOOLE,             )           Protest Decision 2016 ESD 92

                                                                        )           Issued: January 29, 2016

            Protestor.                                           )           OES Case No. P-076-010616-NE     

____________________________________)

            Christopher Toole, member and secretary-treasurer of Local Union 118, 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 Gary Rindfleisch and Jeff Scaglia received a prohibited employer contribution in the form of paid time off in order to attend the local union’s nominations meeting.

            Election Supervisor representative Peter Marks investigated this protest.

Findings of Fact and Analysis

Local Union 118 conducted its nominations meeting for the delegates and alternate delegates election on January 4, 2016, commencing at 7:00 p.m.  According to the protest, the meeting lasted until approximately 8:20 p.m.

Gary Rindfleisch and Jeff Scaglia were present at the meeting.  Each was nominated for delegate.  In addition, each participated as a nominator or seconder for other candidates.

The protest alleged that both Rindfleisch and Scaglia were scheduled to be working during the time of the meeting and received an employer contribution of paid time off to attend the meeting.  The protest alleged that this alleged paid time off violated the Rules.

Investigation showed that Rindfleisch and Scaglia were both scheduled to work on January 4.  Their usual starting time was 5:00 p.m.  However, with the nominations meeting scheduled for 7:00 p.m., they arranged with their supervisor to report to work following the conclusion of the meeting, on condition that they complete the work they would have done had they commenced work at the usual starting time.  They agreed to this condition.  Each reported for work at 9:00 p.m., after traveling to the worksite following conclusion of the nominations meeting.  According to time records supplied to our investigator by a labor relations representative of the employer, the paid time for each on January 4 commenced when they clocked in at 9:00 p.m.  They were not paid commencing with the usual scheduled shift time of 5:00 p.m., as the protest alleged.  While the typical shift each worked ran from 5:00 p.m. to 1:30 a.m., the time Rindfleisch worked on January 4 commenced at 9:00 p.m. and ended at about 3:10 a.m., for a total time paid of 6.17 hours, while the time Scaglia worked commenced at 9:00 p.m. and ended at 3:15 a.m., for a total time paid of 6.25 hours.

            The supervisor of Rindfleisch and Scaglia corroborated to our investigator that Scaglia asked  permission for the two to start later than scheduled on January 4.  The supervisor agreed, on condition that they completed their work.  The supervisor further stated that he had permitted late shift starts in the past, although the request to start late was not often made.

            The time records supplied by the employer verified that Rindfleisch and Scaglia were not paid for the time spent attending the nominations meeting or travel time associated with it.

Accordingly, we find no employer contribution to the candidacies of Rindfleisch and Scaglia and 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, 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

            2016 ESD 92

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