October 24, 1995
VIA UPS OVERNIGHT
Sammy Braswell
4811-A Lely Road
Wilson, NC 27893
Greg Lee
396 Riverbend Road
Goldsboro, NC 27530
Re: Election Office Case No. P-167-LU391-SEC
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-96 IBT International Union Delegate and Officer Election (“Rules”) by
Sammy Braswell, a member of Local Union 391. The protester alleges that Greg Lee, a member of Local Union 391 and a shop steward threatened to “kick his butt” due to his support of Teamster reform efforts and his past candidacy for delegate on the reform slate.
Mr. Lee admits he threatened the protester but contends the threat relates solely to local union issues.
The protest was investigated by Regional Coordinator J. Griffin Morgan.
Sammy Braswell
October 24, 1995
Page 1
Mr. Braswell is an employee of the United Parcel Service (“UPS”). On September 14, 1995, Mr. Braswell called a pre-work meeting of the drivers at his facility to discuss the “Team Concept” at UPS and the upcoming delegate election.[1] During the discussion of the Team Concept, Mr. Braswell also discussed and described the discipline that had been issued to two employees. Mr. Braswell was not involved in the grievance procedure and wrongly recited some of the facts involving these employees. He was corrected by Mr. Lee. Mr. Lee stated what he knew about the discipline of the two employees and his views about the Team Concept.
Mr. Lee then told the gathered members that someone had been calling the local union office and complaining to Business Agent Steve Bishop that Mr. Lee was not doing a good job as shop steward. Mr. Lee pointed his finger at Mr. Braswell and told him not to call the local union office and talk about him behind his back again.
Near the end of the meeting, Mr. Braswell informed the members about the upcoming delegate election and stated that the 1996 IBT convention would be in Philadelphia.
Mr. Braswell stated to the members gathered that in 1991 he was a delegate candidate on the Reform Slate and received one third of the votes, and that he would either be a delegate candidate or support the Reform Slate in the upcoming delegate election. Mr. Braswell talked about why it was important to support General President Carey for re-election, and he spoke negatively about R. V. Durham, the president of Local Union 391. No other member, including Mr. Lee, spoke during this part of the meeting. The meeting ended at the conclusion of Mr. Braswell’s comments about the election.
After the meeting, Mr. Lee said to Mr. Braswell, “If you ever call the local union and talk about me again, I am going to take you out there to the parking lot and kick your butt.”
Mr. Braswell responded by asking Mr. Lee if he wanted to go to the parking lot “right now.” Mr. Lee declined Mr. Braswell’s invitation. Late that morning, Mr. Lee apologized to
Mr. Braswell.
Article VIII, Section 11(f) of the Rules prohibit retaliation or the threat of retaliation by any member against any member for “exercising any right guaranteed by this or any other Article of the Rules . . .”
In this protest, the threat by Mr. Lee to Mr. Braswell arose from a local union issue, that is, Mr. Braswell’s calls to the local union to complain about Mr. Lee’s performance as a steward. Even if the words spoken in the circumstances presented here could be construed as a threat, there is no evidence they were intended to discourage Mr. Braswell from exercising any right guaranteed under the Rules.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Sammy Braswell
October 24, 1995
Page 1
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
J. Griffin Morgan, Regional Coordinator
[1]The Election Officer is still reviewing the local union plan for Local Union 391’s delegate election. Local Union 391 does not have a fall election.