Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TEAMSTERS UNITED,               )           Protest Decision 2016 ESD 337

                                                                        )           Issued: December 2, 2016

            Protestor.                                           )           OES Case No. P-393-101916-SO     

____________________________________)                      

Teamsters United 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 ABF violated the Rules by permitting the posting of a Hoffa-Hall 2016 pole sticker on its fence and Hoffa-Hall 2016 violated the Rules by accepting the alleged employer contribution.

            Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

The protest, filed October 19, 2016, included photos depicting a single, red Hoffa-Hall 2016 pole sticker with black lettering, affixed approximately 4½ feet above grade to a capped, seven-foot, 6 ⁵/₈”-diameter, 0.28 gauge galvanized gate post that supported a portion of the chain-link gate across the 36-foot wide asphalt drive at the southeast entrance to ABF’s terminal in Lawrenceville, GA.

The sticker was alleged to be an employer contribution to the Hoffa-Hall 2016 campaign.

Our representative contacted the terminal manager on October 19, the date the protest was filed.  The terminal manager found and removed the sticker the same date and provided photographic proof of its removal to our representative.  The terminal manager stated that “the sticker could not have been up there too long because it peeled right off.”

We have held the posting of campaign material on employer property to be an improper endorsement of a candidate by an employer.  Hoffa-Hall 2016, 2016 ESD 64 (January 8, 2016).  However, the prompt removal of the improper endorsement has often been held sufficient remedy for the protest. Id. See also, Halstead, 2006 ESD 386 (October 26, 2006); Wright, 2006 ESD 361 (October 2, 2006); Leedham Slate, 2006 ESD 301 (July 5, 2006); Halstead, 2005 ESD 31 (June 6, 2005); Domeny, 2001 EAD 499 (October 5, 2001); Speak, 2001 EAD 239 (March 14, 2001). 

We deem this protest RESOLVED based on the prompt removal of the sticker.

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 337

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