February 27, 1996
VIA UPS OVERNIGHT
Sammy Braswell
February 27, 1996
Page 1
Sammy Braswell
4811-A Lely Road
Wilson, NC 27893
Larry Culbreth, Manager
United Parcel Service
108 Industry Court
Goldsboro, NC 27530
Martin Wald
Schnader, Harrison, Segal
& Lewis
1600 Market Street
Suite 3600
Philadelphia, PA 19103
Sammy Braswell
February 27, 1996
Page 1
Re: Election Office Case No. P-384-LU391-SEC
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election ("Rules") by Sammy Braswell, a member of Local Union 391 and delegate candidate on the “Working Teamsters for Reform” slate (“Working Teamsters”). Mr. Braswell alleges that (1) he was denied access to the parking lot of United Parcel Service (“UPS”) Goldsboro Center for the purpose of campaigning and
(2) he was terminated by UPS as a result of his candidacy for delegate since his slate opposes a new employment practice at UPS called “Team Concept.”
UPS denies that the protester’s termination was connected with his candidacy or with his opposition to Team Concept. UPS states that his termination was based upon a random driver audit which revealed that Mr. Braswell was making false entries into the computer that monitors his deliveries.
The protest was investigated by Regional Coordinator J. Griffin Morgan.
As to the termination, the investigation revealed that pursuant to the collective bargaining agreement between UPS and the union, a grievance has been filed by the local union concerning the termination of Mr. Braswell.
Sammy Braswell
February 27, 1996
Page 1
The Election Officer has determined that her decision in this matter will be deferred until the conclusion of the grievance procedure pursuant to the collective bargaining agreement. The Election Officer has, pursuant to the Rules, jurisdiction and authority to determine the instant protest on its merits. Further, the Election Officer is not bound, in whole or in part, by the decision reached in the grievance proceedings or by the Findings of Fact and Conclusions of Law made during the grievance process. See Golubovic, P-025-LU710-CHI (July 21, 1995); Star Market, Case No. P-760-LU25-ENG, aff'd, 91 - Elec. App. - 187; aff'd U.S. v. IBT, 776 F.Supp. 144; aff'd, 954 F.2d 801 (2d Cir. 1992).
Thus, while the Election Officer will defer her decision in this matter, she has the authority to conduct an independent investigation of the allegations of the protest and issue a decision on the merits of the protest based upon her determination and evaluation of the evidence presented to her in such an independent investigation. Mr. Braswell is advised to inform the Election Officer of the outcome of this matter following completion of the grievance procedure under the collective bargaining agreement.
The manager of the UPS Goldsboro Center and the Raleigh Area UPS Labor Relations Manager have assured the Election Officer that the protester has the right to campaign in the parking lot of the Goldsboro facility, as well as any other parking lot, as permitted under the Rules. Mr. Braswell has been advised of this assurance.
Accordingly, the protest as to access to the UPS parking lot is RESOLVED; and the protest as to Mr. Braswell’s termination by UPS is DEFERRED.
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
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