October 31, 1995
VIA UPS OVERNIGHT
Carl A. Salucci
4000 Shady Lane Drive
Gladstone, MO 64119
Roadway Express, Inc.
233 S. 42nd Street
Kansas City, KS 66106
Re: Election Office Case No. P-178-LU552-MOI
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Carl A. Salucci, a member of Local Union 552. Mr. Salucci alleges that his employer, Roadway Express, Inc. (“Roadway”), has “discriminated” against him by disciplining him because of his recent “interests in investigating [his] eligibility [to run] in the upcoming elections as a delegate or alternate delegate.”
The protest was investigated by Regional Coordinator Michael Gordon.
The protester is one of four Local Union 552 members employed at Roadway’s Kansas City terminal. He works as a custodian and has approximately 13 years of seniority. On or about September 13, 1995, Mr. Salucci inquired of the Election Officer in writing concerning his eligibility to be a candidate for the office of delegate or alternate delegate.[1]
Carl A. Salucci
October 31, 1995
Page 1
Mr. Salucci states that his “interests” to participate in the election as a candidate have been expressed to his fellow workers. He has not made his intentions known to Roadway, however, and has no reason to believe that his employer is in any way cognizant of his aspirations. He has specifically stated that he does not believe in telling his employer about union business.
In early September 1995, Mr. Salucci received four written warnings from Roadway. All of these written warnings were based on the same incident. Roadway maintains that
Mr. Salucci worked four overtime hours on August 26, 1995 without authorization. Due to the alleged lack of authorization, Roadway additionally refused to compensate him for those four hours. Local Union 552 is processing this matter through the grievance procedure contained in Roadway’s collective bargaining agreement.
Later in the month, Roadway issued another warning letter to Mr. Salucci. This warning relates to an alleged incident of poor work performance independent of the initial discipline. Local Union 552 is also processing this matter as a grievance, and has at this time granted Roadway additional time to investigate.
The Rules, at Article VIII, Section 11(f), prohibit retaliation and the threat of retalia-tion by any employer against a member for exercising any right guaranteed therein. No violation of this section can be sustained, however, unless some evidence is presented or disclosed which expressly or inferentially connects the conduct which is alleged to be improper to an activity protected by the Rules. See Giacumbo, P-100-IBT-PNJ (October 13, 1995).
The protester has failed to produce and the investigation has failed to disclose the existence of any such evidence. The protester’s sole contention is that the timing of these particular acts of discipline is questionable in terms of the nature of the offenses and their proximity in time to his request for eligibility verification. Mr. Salucci affirms that Roadway has no knowledge of his plans to run for delegate. In this case, the protester’s failure to connect acts which could be considered retaliatory to the rights protected by the Rules requires the denial of the protest.
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:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Carl A. Salucci
October 31, 1995
Page 1
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
Michael D. Gordon, Regional Coordinator
[1]On October 10, 1995, Mr. Salucci was sent a written response to his eligibility inquiry indicating that he was not eligible to be a candidate because his withdrawal card had been honored effective November 30, 1992 and deposited November 15, 1994. See Rules,
Article VII, Section 1.