Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: SAM BUCALO,                              )           Protest Decision 2016 ESD 188

                                                                        )           Issued: May 4, 2016

            Protestor.                                           )           OES Case No. P-178-021816-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 local union president Dave Webster used union resources to support his slate in the delegates and alternate delegates election, in violation of the Rules.

            Election Supervisor representative Dan Walsh investigated this protest.

Findings of Fact and Analysis

Local Union 100 is entitled to election five delegates and two alternate delegates.  Three full slates and one unaffiliated delegate candidate competed for these positions.  The Teamsters United slate was led by protestor Bucalo; the Local 100 Teamsters First slate was comprised of the local union principal officer Dave Webster and was comprised of other officers and business agents; the No More Hoffa slate was a rank-and-file slate.

            The nominations meeting was held February 4, 2016.  On February 17, 2016, local union president Dave Webster gave written notice that he was assigning business agent Brian Sizemore the responsibility for servicing UPS employees working in the 22.3 classification[1] at the UPS Sharonville location.  Sizemore was a delegate candidate on the Teamsters First slate that Webster led.  Protestor Bucalo alleged that the assignment of Sizemore to this responsibility made no business sense and was undertaken to permit Sizemore access to the work areas of the Sharonville facility where he might engage in incidental campaigning in support of the Teamsters First slate.

            In December 2015, the local union executive board approved the hiring of an additional business agent.  Webster named Dave Couch as that agent.  Bucalo protested the hiring, while conceding that an additional agent was necessary and appropriate.  He argued that Webster’s selection of Couch constituted use of union resources to support the not-yet-formed Teamsters First slate in the upcoming delegates and alternate delegates election.  We denied the protest, holding that Webster had discretion under the local union bylaws to fill an employment vacancy with the person he wished.  Bucalo, 2016 ESD 105 (February 10, 2016).

            When Couch commenced full-time employment as a local union business agent in early January 2016, he was assigned to represent the part-time and 22.3 employees at UPS Sharonville, among others.  There are approximately 600 part-time and 60 22.3 employees on shifts that start early morning, noon, late afternoon, and late evening. Business agent Brian Sizemore was assigned to work with and train Couch.  According to Webster, Couch’s workload was significant.  Bucalo had previously represented the part-time and 22.3 employees at Sharonville; investigation showed that when Couch assumed the duties from Bucalo, he took responsibility for investigating, processing, and attempting to resolve some 300 pending grievances for these groups.  About six weeks into Couch’s tenure, Webster concluded that the volume of work in dealing with the grievance backlog could best be addressed by assigning the 22.3 employees to Sizemore.  Sizemore was already in the facility as Couch’s trainer, and assigning the smaller of the two groups to Sizemore would not present logistical issues that might arise in assigning the work to an agent who otherwise had no business at Sharonville.

            As noted in Bucalo, supra, Webster has authority under the bylaws to assign, authority that Bucalo does not challenge.  Nonetheless, Bucalo contends that Sizemore’s assignment violated the Rules because it gave Sizemore access for incidental campaigning.  We reject this argument for two reasons.  First, Sizemore already had access to the Sharonville membership because he served as Couch’s trainer, therefore the reassignment of primary responsibility for the 22.3 employees from Couch to Sizemore did not alter or enhance Sizemore’s ability to interact with members employed at Sharonville.  Second, Bucalo presented no evidence, either directly or by identifying witnesses with knowledge, that Sizemore campaigned even incidentally while fulfilling his role as business agent for the 22.3 employees, even though Bucalo’s slate included at least one member employed as a steward at Sharonville.

For these reasons, 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 188

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