Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: EMERY JOHNSON,                      )           Protest Decision 2016 ESD 198

                                                                        )           Issued: May 5, 2016

            Protestor.                                           )           OES Case No. P-166-021516-GP     

____________________________________)                                                                  

Emery Johnson, member of Local Union 104, 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 supporters of Teamsters United AZ violated the Rules by campaigning on employer property.

            Election Supervisor representative Mary Campbell investigated this protest.

Findings of Fact and Analysis

Local Union 104 is entitled to elect nine delegates and three alternate delegates.  Two full slates and two unaffiliated delegate candidates competed for these positions.  The Teamsters United AZ slate was led by Peter Sullivan; the Andy Marshall Unity slate was led by local union principal officer Andrew Marshall.

Supporters of Teamsters United AZ campaigned at SunVan on early on the morning of February 9, 2016, distributing campaign fliers and speaking with employees as they arrived for work.  Protestor Johnson, the chief steward at that facility, was aware of the activity that date.  On February 10, he gave orientation to new hires who, the previous day, had encountered the campaigners.  One told Johnson she felt intimidated by the campaigners.  Johnson filed this protest on February 15, asserting that the campaigners “did not have permission” to be on employer premises.

The campaigners enjoyed the presumptive right under Article VII, Section 12(e) of the Rules to campaign in the parking lot at SunVan where employees park their vehicles, irrespective of any employer rule or policy to the contrary.  The provision does not require advance notice to or permission of the employer.  SunVan’s assistant general manager told our investigator that, although she was unaware the campaigners had been present, she heard nothing to suggest that her employees had been intimidated. 

After the protest was filed, our representative who handles parking lot access left lengthy substantive voice messages with the protestor and the assistant general manager explaining the parking lot access rule and the right of campaigners to campaign.  Neither message was returned.

Article XIII, Section 2(b) requires that pre-election protests alleging violations of the Rules be filed within two working days of the date the protestor became aware of the conduct protested.  Johnson was aware of the conduct on February 9.  His filing on February 15 was untimely.

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 198

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