Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TEAMSTERS UNITED 572,        )           Protest Decision 2016 ESD 242

                        )           Issued: June 16, 2016

            Protestor.                                           )           OES Case Nos. P-251-040716-FW   

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Teamsters United 572, a slate of candidates in Local Union 572’s delegates and alternate delegates election, 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 Members With Middleton slate and the Los Angeles Unified School District violated the Rules’ prohibition on employer contributions by posting and permitting the posting, respectively, of Middleton campaign literature on an employer bulletin board at a single LAUSD building

            Election Supervisor representative Michael Miller investigated this protest. 

Findings of Fact and Analysis

            Local Union 572’s election plan provided for the election of twelve delegates and seven alternate delegates to the IBT convention.[1]  The January 10, 2016 nominations meeting resulted in a contested election between two full slates and no unaffiliated candidates.  As provided in the election plan, ballots were mailed February 12.  Frank Halstead led the Teamsters United 572 slate, the protestor here; local union principal officer Rick Middleton led the Members With Middleton slate.  The election count date was March 9, and 2,011 ballots returned by eligible members were counted.  All candidates on the Middleton slate received more votes than any candidate on the Teamsters United 572 slate.  The margin between the winning delegate candidate with the fewest votes and the losing delegate candidate with the most votes was 28; the corresponding margin in the alternate delegate election was 29.

            In Halstead, 2016 ESD 166 (April 8, 2016), we found serious violations of the Rules committed during Local Union 572’s original delegates and alternate delegates election and ordered a rerun of that election.  One of the violations we found was the posting of Middleton slate campaign literature on an employer bulletin board at First Student – San Fernando during the period between the mailing of ballot packages and return of voted ballots.[2]  Election Appeals Master Roberts affirmed the decision.  2016 EAM 16 (April 21, 2016).   Ballots were mailed in the rerun election on May 3, 2016 and counted May 27, 2016, and 2,705 ballots returned by eligible members were counted.  All candidates on the Middleton slate received more votes than any candidate on the Teamsters United 572 slate.  The margin between the winning delegate candidate with the fewest votes and the losing delegate candidate with the most votes was 65; the corresponding margin in the alternate delegate election was 62.

            The instant protest alleged that on April 6, 2016, Middleton slate literature was observed on an employer bulletin board in one building of the LAUSD.  This filing occurred before we issued our decision in Halstead, a month after the tally of ballots in the original delegates election and nearly a month before ballot packages would be mailed in the rerun election.

            Local Union 572 represents a bargaining unit of some 3,200 first level supervisors of LAUSD employed across approximately 1,000 worksites.  The alleged violation that is the subject of this protest occurred at Bell High School in southeast Los Angeles County.  Four members of Local Union 572 are employed at this worksite.  One of the members, Dart Cathirell, was a delegate candidate on the Middleton slate.

            Bell High maintains a large bulletin board on which the unions of persons employed at the school may post official notices.  Photos showed that official postings of the California School Employees Association, the union of school support staff, were posted on the board.  In addition, the photos showed that an 8½”x11” color Middleton flyer, a 3½” x 8½” Middleton rack card, and a 1¾”-diameter “Vote 4 Rick 2016” campaign pin were posted in an overlapping arrangement on the same board.

            Investigation showed that Yadira Andrade, a Local Union 572 member employed as an administrative assistant in the Bell High business office, posted the Middleton campaign material.  She said she did so for a brief period only to pose for a photo with the posted material.  However, evidence provided by the protestor showed that material was posted for a longer period of time.  

            Andrade has a personal bulletin board that she uses in her workspace.  Photos show that this board is adorned with photos and memorabilia of personal significance to her, as well as inspirational quotes.  As of the date the protest was filed, Andrade’s personal bulletin board also displayed the 8½”x11” color Middleton flyer.

            Cathirell, employed as the food service manager at Bell High and also serving as a local union steward there, told our investigator the large union bulletin board that is shared by several unions is on the wall in the main office.  He acknowledged that it is not to be used for campaign postings.  He stated that the board is not covered or locked, and occasionally members or non-members post flyers, personal advertisements, and other unofficial notices that have to be removed because they do not represent official union business.  He stated that the Middleton display was on the board briefly between the two delegates elections but then was removed by a local union business agent.  When this occurred, Cathirell inspected the entire school to insure no Middleton slate material was posted; he found none.

            The same day the protest was filed, the Middleton campaign material was removed from the large bulletin board at Bell High.  In addition, on instructions from the local union, Andrade removed the Middleton campaign flyer from her personal bulletin board that contained photos, memorabilia, and quotes important to her.  Andrade was instructed that display of campaign material was not permitted on the bulletin board provided by the employer for official union announcements.

            On this basis, we deem this protest RESOLVED.  Even were we to find a Rules violation, we would order no remedy for three reasons.  First, the remedial notice we ordered mailed to all local union members and posted on all union worksite bulletin boards in Halstead gave notice that the delegates election was ordered rerun in part because Middleton campaign literature was displayed on an employer bulletin board.  This notice informed members as to the requirements of the Rules and instructed them that such displays on boards reserved exclusively for official union business violated the Rules. 

Second, the conduct found here occurred remote in time to any balloting and was resolved nearly a month before ballots were mailed in the rerun election. 

Third, we consider this protest in a post-election context.  Article XIII, Section 2(f)(2).  We may consider and remedy Rules violations in this context only where the conduct may have affected the outcome of the election.  Article XIII, Section 3(b).  Here, the LAUSD worksite where the Middleton campaign material was displayed employed four local union members.  Two of these members were declared supporters of the Middleton slate (one posted the material; the other was a candidate on the slate).  Therefore, only two other members whose electoral allegiance, if any, was undeclared were potentially impacted by the persuasive effect of the material.  The margin between successful and unsuccessful candidates in the rerun election far exceeded this number; accordingly, we would find that the conduct did not affect the outcome of the election.

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 242

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