Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: HOFFA-HALL 2016,                      )           Protest Decision 2016 ESD 320

                                                                        )           Issued: October 28, 2016

            Protestor.                                           )           OES Case No. P-390-101216-MW   

____________________________________)                      

Hoffa-Hall 2016 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 a member of Local Union 710 campaigned and sold campaign merchandise on work time in a work area, in violation of the Rules.

            Election Supervisor representative Joe Childers investigated this protest.

Findings of Fact and Analysis

The protest asserted that Joanne Lizak sold campaign merchandise from and displayed campaign messages at her work station during work time as a clerical employee of USF/Holland in McCook, IL.  Investigation showed that Lizak has been employed as a clerical worker at USF Holland for 22 years and serves as union steward at that location.  During that time, she has routinely posted various campaign materials on the bulletin board located just above her work desk.  The bulletin board is used for displaying any items Lizak wishes to post, including family photos, calendars, sports photographs, and campaign material.  A photo supplied with the protest showed an open cork board mounted on the wall at the end of a wooden desk.  The board had affixed to it a 9”x12” color photo of the Chicago Black Hawks hockey team posing with the Stanley Cup; a 12”x20” color photo calendar open to October 2016; three color photos apparently of Lizak and her daughter on significant dates during the daughter’s high school senior year; two white sheets of paper with typewriting on them, the content unclear from the photo; a cartoon image bearing the message “Have you ever just looked at someone and knew the wheel was turning but the hamster was dead?”; and three pieces of campaign literature for the IBT election, an 8½”x11” color flyer promoting Fred Zuckerman, a yellow “Fred” pole sticker printed in blue and white, and a small round “Dump Hoffa” sticker.  Investigation showed that each of the seven clerical work stations at this facility is equipped with a bulletin board, and the clerical employees are permitted to post whatever they please on those boards.  Photos provided to our investigator substantiated this point.

Joe Pistello, terminal manager at USF Holland, told our investigator that bulletin boards at clerical workstations are considered general use/personal boards upon which the employee may place whatever they wish, so long as it is not vulgar or offensive material.  He said that he would not restrict such clerical employees from supporting either candidate in the election by posting materials at their workstation.

Article VII, Section 12(d) declares that “[n]o restrictions shall be placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards for campaign publicity.”  We conclude that Lizak and the other clerical employees at this facility had a longstanding pre-existing right to post items of personal meaning, including campaign material, on the boards in their work stations.  Accordingly, Lizak’s posting of material supporting the Teamsters United slate did not violate the Rules.

The protest further asserted that Lizak sold campaign merchandise from her work station.  Chuck DeCola, business agent for Local Union 710 at USF Holland, told our investigator he observed a stack of “four to five” t-shirts on Lizak’s desk on two different occasions, August 17, 2016 and October 3, 2016.  He denied that he observed Lizak actually selling t-shirts or other merchandise.  He described the t-shirts as “black with yellow and red insignia,” and neatly folded in a pile. He said there was no corresponding sign stating that the t-shirts were for sale.

Lizak denied having any Zuckerman/Teamsters United slate merchandise for sale at her workstation and denied ever selling any such merchandise at work.  She stated she has two shirts and a hat that she keeps inside her desk for personal use.  However, the items are “Restore the Pride” shirts and hat from the delegates election, not Zuckerman/Teamsters United slate merchandise.  She said that she might have set them on top of her desk temporarily while removing her purse from her desk.  She provided a photo of these items to our investigator.  They are black with red and white lettering and insignia and state “Restore the Pride – Local 710 Slate.”

We credit Lizak and find no evidence that she sold campaign materials from her work station on work time.

Accordingly, we DENY this protest in its entirety. 

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 320

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