OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: JAMES GLIMCO and ) Protest Decision 2021 ESD 160
AL WIMUNC, ) Issued: October 18, 2021
) OES Case Nos. P-186-101321-MW
Protestors. ) and P-189-101521-MW
____________________________________)
James Glimco, member and principal officer of Local Union 777, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that a campaign sticker supporting the O'Brien-Zuckerman 2021 slate and Juan Campos, a candidate on that slate, was affixed to employer property under the joint jurisdiction of Local Unions 727 and 777 in violation of the Rules.
Al Wimunc, member of Local Union 705, filed a protest alleging that Teamster Power stickers were affixed to employer property under the jurisdiction of Local Union 777 in violation of the Rules.
Election Supervisor representative Joe Childers investigated these protests. They were consolidated for decision.
Findings of Fact and Analysis
Protestor Glimco presented photographic evidence that the O'Brien-Zuckerman 2021 slate/Campos sticker was affixed to the frame of an overhead door at MV Transportation, a school bus contractor in Chicago. Glimco asserted that members of Local Unions 727 and 777 work there, with the former’s members in good standing and eligible to vote in the pending International officers election, while the latter’s will not become members in good standing until November 2021.
Protestor Wimunc presented photographic evidence that Teamster Power stickers were affixed to the pedestrian door that members use to enter the building at a First Student facility some 6 miles north of the MV site. Members in good standing of Local Union 777 are employed there.
Investigation did not identify the persons who posted the stickers. At our investigator’s request, Glimco removed the stickers at both sites on Saturday, October 16, 2021.
Generally, the posting of campaign material on employer property violates the Rules. Hoffa-Hall 2016, 2016 ESD 64 (January 8, 2016); Teamster Power, 2020 ESD 3 (July 3, 2020). As Election Officer Quindel said in Hoffa, P-1073-IBT-MOI (October 16, 1996):
Putting such material on an employer’s truck or equipment has the effect, under the Rules, of causing the employer to make an improper campaign contribution, in violation of Article XI, Section 1(b)(2), even if the affixing of the sticker was against employer policy. Putting stickers on employer trucks or equipment can also create a false impression of employer endorsement, which would be another form of improper campaign contribution. See Feeley, P-874-LU817-MGN (September 17, 1996); Maney, P-956-IATSE-NYC et seq. (October 2, 1996), aff’d, 96 Elec. App. 251 (KC) (October 15, 1996); Knox, P-1006-SFD-MGN (October 14, 1996).
Furthermore, under Article XI, Section 1(b)([13]) of the Rules, International officer candidates “are strictly liable to insure that each contribution received is permitted under the Rules.” Therefore, affixing a campaign sticker or sign to an employer truck or other piece of equipment results in a violation of the Rules on the part of the candidate who the member intends to support.
For these reasons, we GRANT the protests.
Remedy
When the Election Supervisor determines that the Rules have been violated, he “may take whatever remedial action is deemed appropriate.” Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process. “The Election Supervisor’s discretion in fashioning an appropriate remedy is broad and is entitled to deference.” Hailstone & Martinez, 10 EAM 7 (September 14, 2010).
We repeat to the 2 slates competing in the International officer election what we have emphasized to them previously, that they and their supporters must cease and desist from posting stickers and other campaign material on employer property. No later than Wednesday, October 20, 2021, counsel for each slate must advise OES in writing of the steps that slate has taken to communicate the cease-and-desist order to slate members, slate operatives, local union officials who have endorsed the slate, and all persons who it expects to lead parking lot campaign events between the date this decision issues and November 15, 2021. In particular, if the slate through its supporters makes campaign stickers available for distribution in employer parking lots or to persons who have access to employer facilities, the slate must detail the controls it will assert to minimize or eliminate the posting or affixing of such stickers to employer property in violation of the cease-and-desist order, and the prompt removal of such stickers when any slate supporter observes them posted in an impermissible location.
The order to the slates is strictly remedial in nature and intended to prevent further violations of the Rules with respect to stickers and placards affixed to employer property. As we noted in Teamster Power, 2020 ESD 3 (July 3, 2020):
This approach recognizes that “International officer candidates and slates have an obligation to take reasonable steps to ensure that their campaign materials are not affixed improperly to private property . . .” Sweeney, supra; Willett, P-863-LU331-PNJ (August 16, 1996); Knox, P-1046-LU337-MOI (October 30, 1996).
We further order the principal officer of Local Union 777, no later than Wednesday, October 20, 2021, to send by email or text message to business agents and stewards who have authority to represent or act on behalf of the local union at any worksite under its jurisdiction the following message:
The Election Supervisor for the election of IBT International officers has ruled that posting of campaign stickers, signs, placards, and flyers to employer property and equipment violates the Election Rules.
By order of the Election Supervisor, you are directed to remove and dispose of any campaign sticker, sign, placard, or flyer you see affixed to any employer door, wall, window, fence, post, truck, hi-lo, or other building fixture or equipment.
This order remains in effect through November 15, 2021.
We issue the same order to the principal officer of Local Union 727.
We order the principal officer of Local Unions 777 to submit a written declaration to OES no later than Wednesday, October 20, 2021 that he has complied with this order, together with a copy of the communication sent to business agents and stewards. We issue the same order to the principal officer of Local Union 727.
A remedial order of the Election Supervisor is immediately effective, unless stayed. Lopez, 96 EAM 73 (February 13, 1996).
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. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.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, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2021 ESD 160
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Scott Jenkins
scott@oz2021.com
James Glimco
Teamsters Local Union 777
james@teamsters777.org
Al Wimunc
awswchgo@yahoo.com
Teamsters Local Union 727
John Timothy Coli
jayna@teamsterslocal727.org
Joe Childers
jchilders@ibtvote.org
Bill Broberg
wbroberg@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com