Protest Decisions

              April 4, 1996

VIA UPS OVERNIGHT

Slobodan Golubovic & Michael Papa

April 4, 1996

Page 1

Slobodan Golubovic

5908 S. Western Avenue

Clarendon Hills, IL 60514

Michael J. Papa, Sr.

937 Gosselin Circle

Batavia, IL 60510

James M. Ramirez, President

Teamsters Local Union 710

4217 S. Halsted Street

Chicago, IL 60609

Patrick W. Flynn, Vice President

Teamsters Local Union 710

4217 S. Halsted Street

Chicago, IL 60609

Frank J. Wsol, Secretary-Treasurer

Teamsters Local Union 710

4217 S. Halsted Street

Chicago, IL 60609

Robert N. Falco, Recording Secretary

Teamsters Local Union 710

4217 S. Halsted Street

Chicago, IL 60609

Slobodan Golubovic & Michael Papa

April 4, 1996

Page 1

Re:  Election Office Case No.              P-398-LU710-CHI

P-538-LU710-CHI

Gentlemen:

Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”).  In P-398-

LU710-CHI, Slobodan Golubovic, a member of Local Union 710 and candidate for delegate on the KNL For Ron Carey slate (“KNL”), alleges that Local Union 710 Secretary-Treasurer Frank Wsol and three other local union officers violated the Rules by failing to post an order of the Election Officer as required and by making improper contributions to the Real

Slobodan Golubovic & Michael Papa

April 4, 1996

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Teamsters Caucus (“RTC”).[1]  In P-538-LU710-CHI, Michael J. Papa, Sr., a member of Local Union 710 and candidate for alternate delegate on the KNL slate, alleges that James Ramirez, Local Union 710 president and candidate for delegate on the opposing Frank J. Wsol slate (“Wsol”), has been dragging his feet in assisting Mr. Papa in getting back pay pursuant to an arbitration award, in retaliation for Mr. Papa’s candidacy.  Mr. Papa also alleges campaigning by the Wsol Slate at Local Union 710’s February membership meeting.  Pursuant to

Article XIV, Section 2(f)(2) of the Rules, the Election Officer deferred these protests for post-election consideration.

The protests were investigated by Adjunct Regional Coordinator Dennis M. Sarsany.

1.  Allegations of Failure to Post and Contributions to RTC (P-398-LU710-CHI)

Mr. Golubovic states,

By your order dated January 24, 1996, that was to be posted on all local union bulletin boards it supported General President Carey’s order.  Your order did specify that the money be returned to the source which they came from.  Your order is not posted on all local union boards in the JC 25 area.  This order is not posted in Cassens Transport Company terminal at Aurora Illinois where I am employed.

When interviewed by Adjunct Regional Coordinator Sarsany, Mr. Golubovic was unable to identify the specific order he refers to.  However, it appears to be the order issued in Gilmartin, which includes a paragraph requiring the RTC to return certain monies to Joint Council 25 and other contributing IBT affiliates.  As the Election Officer has explained in correspondence with other persons interested in the effective posting of that notice, “[a]s applied to joint councils . . . which do not maintain bulletin boards on employer premises, the Election Officer interprets her order to apply only to joint council . . . bulletin boards, and not to their local union affiliates or the employers at which those local union affiliates maintain bulletin boards.”  Therefore, the lack of postings on local union and employer bulletin boards identified by Mr. Golubovic does not constitute non-compliance with the Election Officer’s order.

Slobodan Golubovic & Michael Papa

April 4, 1996

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With respect to alleged improper contributions to the RTC, Mr. Golubovic states that “officers of the Local Union 710 have funneled dues money to the RTC since an illegal resolution was passed at a Local Union 710 general membership meeting on December 18, 1994.”  As evidence, he tenders a decision issued by the Trial Board of Local Union 710 on February 14, 1995, resolving disciplinary issues arising out of a member’s disruptive behavior at the December 18, 1994 meeting.  The decision notes that the disrupted order of business was a resolution to contribute monies to the RTC.

At most, Mr. Golubovic’s evidence is that Local Union 710 passed a resolution authorizing contributions to the RTC more than one year before the Election Officer ordered in Gilmartin that such contributions violated the Rules and should be recovered.  The Election Officer finds that Mr. Golubovic has not put forth any evidence that the local union has not since complied.  The Rules put the initial burden of producing evidence on the protester,

In Re: Chentnik, 95 - Elec. App. - 52 (KC) (January 10, 1996), which is not met here.

2.  Allegations Concerning Retaliation and Improper Campaigning (P-538-LU710-CHI)

Mr. Papa is employed by ANR Advance Transportation (“ANR”).  He was dismissed on June 6, 1995 and, due to a successful grievance arbitration, reinstated on February 5, 1996.  The arbitration award provided for back-pay.

Mr. Ramirez is the local union’s business agent for ANR.  Thus, shortly after reinstatement, Mr. Papa sought the assistance of Mr. Ramirez in obtaining his back pay. 

Mr. Papa contends that back pay is usually paid between seven and 10 days after an arbitrator’s award, although he has now waited more than seven weeks.  He asserts that

Mr. Ramirez has stalled in answering phone calls, been slow in correspondence, and keeps saying that he is working on it.  That delay is the basis for his claim of retaliation.

According to Mr. Ramirez, any delay is due partly to Mr. Papa and partly to normal procedure.  He states that Mr. Papa’s back-pay award only entitles him to the difference between wages that he would have received from ANR during his dismissal period and income he did receive.  Mr. Papa did not tender that calculation to Mr. Ramirez until February 27, 1996 and Mr. Ramirez states that he forwarded it to ANR the next day.  He also states that he has made regular follow-up calls.  He denies that back-pay is usually paid in seven to 10 days, pointing out that the company has up to 90 days to decide whether it will appeal all or any part of an arbitration award.

Robert Stoltz, in the Human Resources Department of ANR, states that the company is withholding payment until it receives a better statement of earnings from Mr. Papa.[2]  He also believes that Mr. Papa did little or nothing to mitigate his damages.  He confirms that

Mr. Ramirez has been calling regularly about the matter and states that the company has been using its 90-day appeal period to evaluate the claim.  He did not make a decision until recently; thus, there was nothing to tell Mr. Ramirez.

Slobodan Golubovic & Michael Papa

April 4, 1996

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Article VIII, Section 11(f) of the Rules prohibits “[r]etaliation or threat of retaliation by . . . any member of the IBT . . . against a Union member . . . for exercising any right guaranteed by this or any other Article of the Rules.”  On this record, the Election Officer finds that Mr. Ramirez has been taking reasonable steps to assist Mr. Papa in getting his back pay.  There is no retaliation.

With respect to his allegation that the Wsol slate campaigned at Local Union 710’s February meeting, Mr. Papa stated to Adjunct Regional Coordinator Sarsany that he was referring to “general comments about Frank Wsol” and the failure of members of the Wsol slate to have “anything good to say about Ron Carey or Local 705, because it is run by Carey supporters.”  There is no evidence that the disputed speech involved improper campaigning rather than a permissible debate over substantive issues of interest to members.  Adjunct Regional Coordinator Sarsany interviewed other members of the KNL slate who stated that no campaigning occurred at the February meeting.

For the reasons stated above, the protests are 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

Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 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

Dennis M. Sarsany, Adjunct Regional Coordinator