Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JOE CILIA,                                     )           Protest Decision 2016 ESD 137

                                                                        )           Issued: March 1, 2016

            Protestor.                                           )           OES Case No. P-125-012616-FW     

____________________________________)

            Joe Cilia, member of Local Union 2785, 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 on January 18 and again on January 22, members of the Teamsters United 2875 Slate distributed campaign literature inside separate UPS facilities, conduct that the protest alleged violated the Rules.

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

            Local Union 2785 is entitled to elect three delegates and one alternate delegate, the election of which is contested.  Protestor Cilia alleged that supporters of Teamsters United 2785 campaigned inside the UPS customer center in Menlo Park, CA on January 18 and inside separate UPS customer centers in San Francisco and South San Francisco on January 22. 

            Investigation confirmed that the campaigning occurred at the cited facilities on the dates alleged.  Investigation further showed that the distribution of campaign material occurred in non-work areas of each facility, including the drivers’ breakroom, the restrooms, the locker room, and in other break areas.   

            The protestor alleged that the practice from previous elections limited campaigning to parking lots.  However, UPS policy expressly permits UPS employees to “solicit, promote, campaign or distribute written material in our buildings in non-work areas (break rooms, locker rooms) and in UPS parking lots or grounds of UPS private property.”  Our precedents also establish the right of members to campaign in non-work areas inside UPS facilities on non-work time.  See, e.g., DePietro, 2010 ESD 52 (December 8, 2010); and Kozubowski, 2010 ESD 61 (December 22, 2010).  This policy and precedent establishes a pre-existing right under Article VII, Section 12(d) to campaign in these areas of the employer’s premises. 

            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, 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 137

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