Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: CAROLL THOMPSON,                )           Protest Decision 2016 ESD 352

                                                                        )           Issued: December 20, 2016

            Protestor.                                           )           OES Case No. P-250-041516-FW     

____________________________________)                      

Caroll Thompson, member of Local Union 439, 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 he suffered retaliation from the local union for activity protected by the Rules.

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

Thompson was nominated for delegate at Local Union 439’s nominations meeting held February 17, 2016.  At the time of nomination, he was employed by Fresh Start, an employer under the jurisdiction of Local Union 439. 

Thompson alleged that, after he was nominated for delegate, Fresh Start reduced his weekly work hours by half and assigned members with less seniority to work more hours than he.  In addition, Thompson alleged that the local union failed to respond to his grievances or to permit him to attend grievance meetings.  Following the filing of this protest, Thompson was dismissed from employment on April 21, 2016.  The local union grieved the dismissal and processed the grievance through the steps of the contractual grievance procedure.  Binding arbitration of the grievance commenced in December 2016 and remains in process. 

The protest did not allege that Fresh Start retaliated against the protestor for his delegate candidacy.  Rather, Thompson focused solely on the local union’s alleged lack of diligence in responding to his concerns with respect to loss of work hours, alleged violations of seniority, and exclusion from grievance meetings, all of which he contended were retaliation for his nomination to delegate.  In response, the local union stated that it took appropriate action on Thompson’s behalf.  In addition, the local union denied generally that it treated Thompson differently than any similarly situated member and denied specifically that it took action against Thompson because of his delegate candidacy.

Thompson told our representative that he was available to attend at least one grievance meeting but was not called into the meeting.  Another member employed at Fresh Start corroborated Thompson’s availability to attend the meeting and the fact that he was not called into it.  That member also stated that, in contrast to business agent practice under a previous administration of the local union, grievants under the current administration often were not called into meetings at which their grievances are discussed with management.  This evidence suggests that Thompson was treated similarly to other grievants, regardless of delegate candidacy.

Thompson did not produce any additional evidence to substantiate his claim of retaliation or disparate treatment on the part of the local union.  Moreover, Thompson told our investigator that he was satisfied with the local union’s handling of his discharge grievance.

Accordingly, we DENY this protest for lack of evidence.

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 352

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