March 22, 1996
VIA UPS OVERNIGHT
Rick Glasebrook
March 22, 1996
Page 1
Rick Glasebrook
13138 Queens Forest
San Antonio, TX 78230
Members Voice Slate
c/o Albert Martinez
741 W. Glenn
San Antonio, TX 78225
Phil Collins
United Parcel Service
6400 Seven States
San Antonio, TX 78244
Rick Glasebrook
March 22, 1996
Page 1
Re: Election Office Case No. P-599-LU657-SOU
Gentlemen:
Rick Glasebrook, Local Union 657 president and a candidate for local union delegate on the Members First! slate, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) against United Parcel Service (“UPS”). The protester alleges that UPS has made prohibited campaign contributions intended to have an adverse effect on the Members First! slate and to benefit the opposing Members Voice slate. The protester charges that UPS has taken certain actions that are intended to make his administration appear “ineffective, bumbling, and powerless.” The cited actions by UPS include the deduction from members’ paychecks of twice the amount of the member’s union dues, a proposed change in the employees’ work schedules in order to limit opportunities for overtime, the termination of two stewards, and the excessive use of subcontractors.
Rick Glasebrook
March 22, 1996
Page 1
Phil Collins, the labor relations manager at the San Antonio UPS facility, responds that it is the policy of UPS not to become involved in union elections. He states that the problem with double deductions is attributable to the recent centralization of payroll functions at UPS. He notes that other deductions besides union dues have been deducted twice from employees’ paychecks. He states that only a few employees have had double deductions, and that the employees experiencing this problem have been from different local unions and different sections of UPS. He states that UPS contemplated changing some employees’ work schedules from five eight-hour days to four ten-hour days to save money on overtime pay. He advises that one of the two shop stewards, whom Mr. Glasebrook charges was unjustly terminated, has not been terminated. He points out that the termination of another shop steward named by
Mr. Glasebrook was reduced to a two-month suspension by a panel comprised of three union representatives and three management representatives. Mr. Collins also states that the union and UPS have had a longstanding dispute, preceding the current administration of Local
Union 657, over subcontracting.
Albert Martinez, representing the Members Voice slate, responds that the Local
Union 657 delegate election will not be decided only by members employed by UPS, that members who are employed by other employers are also dissatisfied with the current local union officers, and that his slate cannot control the actions of UPS. With regard to the double deduction of union dues, Mr. Martinez states that this has been a problem during previous administrations of the local union.
Regional Coordinator Dolores C. Hall investigated the protest.
The Regional Coordinator investigated each of the actions which Mr. Glasebrook alleges is an unlawful campaign contribution by UPS.
Mr. Glasebrook charges that UPS has deducted twice the amount of union dues due from members. Approximately one month ago, UPS moved its San Antonio payroll operations to Dallas. Since the move, several employees have complained that various deductions have been made improperly. The employees report that union dues, deductions for contributions to 401k plans, child support payments, savings deposits and taxes have been deducted twice. Employees report experiencing similar problems with double deductions prior to Mr. Glasebrook’s administration. UPS employees in other IBT local unions report double deductions.
Mr. Glasebrook charges that UPS is proposing that certain employees change their work schedules from five eight-hour days to four ten-hour days. UPS was considering such a change to save money on overtime, which is more likely when an employee works an eight-hour shift. The company has decided against the change.
Mr. Glasebrook charges that UPS has recently terminated two stewards without cause. One of the stewards was instructed to refrain from rolling up his shirt sleeves, but did not receive either discipline or discharge. The other steward was discharged for tardiness, but then reinstated with a two-month suspension by a panel of an equal number of union and management representatives.
Finally, Mr. Glasebrook cites “unprecedented” use of subcontractors by UPS in order to reduce bargaining unit work. The union has filed grievances since at least 1955 over the use of subcontractors by UPS.
Rick Glasebrook
March 22, 1996
Page 1
The Rules broadly define “campaign contribution” to include “any direct or indirect contribution of money or other thing of value where the purpose, object or foreseeable effect of that contribution is to influence, positively or negatively, the election of a candidate for Convention delegate or alternate delegate of International Officer position.” Rules, Definitions, 5. All of the actions cited pertain exclusively to local union contractual issues. There is no evidence that UPS took any action with the intent, object or foreseeable effect of influencing the delegate election.
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
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
Dolores C. Hall, Regional Coordinator