Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: HOFFA-HALL 2016,                      )           Protest Decision 2016 ESD 322

                                                                        )           Issued: November 2, 2016

            Protestor.                                           )           OES Case No. P-405-102716-ME           

____________________________________)                      

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 Teamsters United campaign sticker was impermissibly posted in the customer area at a UPS facility in Pittston, PA.

            Election Supervisor representative Dan Walsh investigated this protest.

Findings of Fact and Analysis

A photo of a 4”x12” “FRED” pole sticker, urging support for Teamsters United, affixed to an angled shelf support in a small room off the customer counter area at UPS-Wilkes Barre facility,[1] was attached to the protest.  The room was not used by the public; instead, it was an area where customer packages were stored for pickup and where employees working the customer counter took breaks.  Investigation showed that Patrick Connors, secretary-treasurer of Local Union 401, received the photo on Saturday evening, October 22, 2016.  He forwarded it to Wayne Foulke, UPS labor relations manager at the facility, and asked that it be removed.  Connors followed up Monday morning, October 24, and learned that the sticker had been taken down. 

Protestor Hoffa-Hall 2016 filed this protest three days later, on October 27, 2016.

We DENY this protest, as the sticker had been removed at the time the protest was filed.

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 322

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