Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: MICHAEL MADDY,                     )           Protest Decision 2016 ESD 232

                                                                        )           Issued: June 2, 2016

            Protestor.                                           )           OES Case No. P-233-032116-ME     

____________________________________)                                                                  

Michael Maddy, member of Local Union 957, 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 the flyers of opposition candidates were reproduced using union and employer resources, in violation of the Rules.

            Election Supervisor representative Dan Walsh investigated this protest.

Findings of Fact and Analysis

Local Union 957 is entitled to elect five delegates and two alternate delegates.  Two full slates and one independent delegate candidate competed for these positions.  Protestor Maddy was a delegate candidate on the Teamsters of Purpose (Defeat Hoffa) slate; the officers and business agents of Local Union 957 comprised the Leadership slate.

The protest alleged that the Leadership slate copied their campaign flyers on a local union copy machine using paper purchased by the local union and, further, that the union bug that appeared on the flyers was taken from a union printer without compensation.

Maddy told our investigator that he concluded improper conduct on the part of the Leadership slate when both slates were campaigning outside the local union hall before a March 13, 2016 membership meeting, the day before ballot packages were to be mailed to members.  According to Maddy, his slate was distributing a flyer that depicted an image of the ballot, with the ovals for Maddy’s slate filled in.  Maddy said that some twenty minutes after his slate began campaigning, Leadership slate members began distributing a flyer that also depicted the ballot but with the ovals next to Leadership slate candidates filled in.  Maddy believed that incumbent officers took his slate’s flyer into the union hall, tailored it to their message, printed it on the union copier, and returned outside to distribute it. 

Kenny Howard, president of Local Union 957 and a delegate candidate, told our investigator that he and other candidates on his slate distributed the sample ballot flyer outside the union meeting on March 13.  He denied strongly that the flyer was reproduced using union resources, declaring further that the union bug was affixed to the flyer legitimately.  He stated that his slate had 500 copies of four different flyers, the sample ballot flyer being one, reproduced by a union print shop in the days leading up to March 13.  The cost of the flyers, with artwork prep, totaled $402.56, for which he produced an invoice and which he said was split evenly among the seven members on the slate.  He stated that two of the four flyers were simply copy jobs, with the printer’s union bug added.  The other two, including the sample ballot, required some artwork.  Howard stated that Craig Allen of Superior Printing did the work. 

Allen told our investigator that he previously owned Superior Printing but sold it to the current owners, for whom he now works as a sales representative and provides artwork and computer graphics as needed.  He recalled working on two flyers for Howard and his slate, one of which was the sample ballot.  His customer asked him to amend part of the opposing slate’s name on the sample ballot; he did so, with the name being changed to “Teamsters of Purpose to Waste Members Money.”  He stated that his customer filled in some ovals and whited out some copy.  When all changes were made to the flyer, he called his customer to state that the copy did not look good and was beneath his standards.  The customer replied that it was what they wanted, so Allen had 500 copies of the flyer printed.

Denise Ballew of Superior Printing verified that 500 copies each of four flyers, including the sample ballot flyer, were produced for Howard over the period March 10 to 12, 2016.

On these facts, we find no evidence to substantiate the allegation that union or employer resources were used to reproduce campaign flyers for the Leadership slate.  We conclude from the evidence presented that the flyers were produced by a union printer and were paid for with personal funds.

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 232

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