Protest Decisions

              August 15, 1996

VIA UPS OVERNIGHT

Billie Davenport, et al.

August 15, 1996

Page 1

Billie Davenport

1 Roanoke Towne

Southfield, MI  48075

David Wilson

13859 Schleweis Road

Manchester, MI  48158

Danny G. Campbell

2100 Stoney Drive #1012

Louisville, KY  40220

Bruce E. Retrum, President

Teamsters Local Union 2000

2850 Metro Drive, Suite 225

Bloomington, MN  55425

Mollie Reiley, Secretary-Treasurer

Teamsters Local Union 2000

2850 Metro Drive, Suite 225

Bloomington, MN  55425

Billie Davenport, et al.

August 15, 1996

Page 1

Re:  Election Office Case No. P-826-LU2000-NCE

Gentlepersons:

Billie Davenport, David Wilson and Danny Campbell, members of Local Union 2000, 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”).  The protesters are base representatives for Local Union 2000 flight attendants assigned to Northwest Airlines’ (“Northwest”) Detroit base and were elected delegates to the IBT Convention.  The protesters allege that the Local Union 2000 Executive Board decided to move and substantially reduce the operations of the local union’s Detroit base office in retaliation for the protesters’ election as delegates to the IBT Convention. 

Billie Davenport, et al.

August 15, 1996

Page 1

Local Union 2000 President Bruce Retrum and Secretary-Treasurer Mollie Reiley, deny that the executive board’s actions were retaliatory.  Mr. Retrum and Ms. Reiley maintain that the executive board has considered moving the Detroit office to an onsite airport location for a long time prior to the delegate election due to the cost and inefficiency of the former offsite space, and their desire to provide better access for Detroit-based flight attendants to base representatives.  Furthermore, Mr. Retrum asserts that his search for airport space began in fall of 1995, well before the delegate election.  Regarding the reduction in staff, Mr. Retrum and Ms. Reiley contend that the space which became available would not have accommodated the clerical employees, so those positions were transferred to Minneapolis.

The protest was investigated by Regional Coordinator Judith E. Kuhn.

Local Union 2000 represents the flight attendants at Northwest.[1]  Local Union 2000 has 10 bases which correspond to the 10 bases to which flight attendants are assigned by Northwest.  Local union base representatives investigate and process grievances through arbitration, respond to contractual questions, produce a base newsletter every other month, conduct base membership meetings and generally serve as the members’ first line of contact with the local union.  Local Union 2000 has 15 elected base representatives.  With the exception of Detroit and Minneapolis bases, only one representative services each base.  The Detroit base currently has four representatives who service 3,251 members, the largest membership group of the 10 bases.  The Minneapolis base has three representatives who service 2,631 members.  In May 1996, the number of Detroit base representatives increased from three to four as a result of additional flight attendants hired and assigned by Northwest to the Detroit base.

The local union’s bylaws provide that its principal office shall be in Minneapolis where Northwest maintains its headquarters.  However, at the inception of the local union in 1992, the then president of Local Union 2000, who was a former member of the Detroit-based Local Union 2757, retained Local Union 2757’s former Detroit office.  In 1993, the president moved the local union’s TITAN operations to Detroit.  Prior to the move protested here, the Detroit clerical staff included an office manager, a part-time secretary and a TITAN operator.  The base representatives at the Northwest bases other than Minneapolis and Detroit work from their homes with computers, facsimile machines and other necessary equipment and supplies provided by the local union.  These base representatives route their correspondence and obtain other clerical services from the Minneapolis office where there is a full-time clerical staff covered by a collective bargaining agreement with another labor organization.  

Billie Davenport, et al.

August 15, 1996

Page 1

The local union executive board first considered closing the Detroit office in early 1995.  In response to these efforts, the protesters supported bylaw amendments requiring the local union to maintain a fully-staffed office in Detroit with three base representatives and three clerical employees, as long as the base had a minimum of 1,800 flight attendants.  These proposed bylaw changes were properly approved by the membership.  However, General President Ron Carey, in a letter dated November 3, 1995, disallowed the amendments on the grounds that such changes would conflict with the local union’s bylaws which provide that:  (1) the president shall recommend to the executive board all changes in employment and staff requirements and (2) the executive board sets the number of base representatives to be elected at each base using as criteria the budgetary constraints of the local union and the number of members at each base.

Even prior to President Carey’s letter, the local union executive board explored the possibility of securing other space for its Detroit operations.  The local union executive board wanted to obtain new space at the airport to better service the Detroit-based flight attendants--85 percent of which live outside the area--and, thus, transportation to the offsite office can be a major problem.  In September 1995, Mr. Retrum states that when he learned that the Air Line Pilots Association (“ALPA”) had acquired space through Northwest at the airport, he made inquiries about securing similar space for the local union.  Northwest informed

Mr. Retrum that there was no available space at that time, but it would continue to look for space in the future.

The lease for the Detroit offsite space expired on December 31, 1995.  In December 1995 and mid-March 1996, Mr. Retrum extended the lease in three-month installments until June 30, 1996.

In January and March 1996, Mr. Retrum continued to inquire about available airport space through Northwest and airport authorities.  On these occasions, Mr. Retrum was informed that there was still no available space. 

At the end of April 1996, Mr. Retrum was notified by Northwest of the availability of a small space at the airport.  Mr. Retrum requested that Northwest hold the space to get a better idea of its size and location.  In mid-May, when Mr. Retrum ascertained the specifics of the available space, he realized it would be insufficient.  Nevertheless, Mr. Retrum decided to obtain the space hoping that additional space would become available, which would allow them to proceed with their move to the airport location.

On May 22, 1996, Mr. Retrum spoke with ALPA regarding an exchange of their space with the space secured for Local Union 2000.  Over the next three weeks, Mr. Retrum and ALPA, worked out details regarding the exchange.  These negotiations were delayed because ALPA’s headquarters in Virginia also had to approve the change to their sublease arrangement with Local Union 2000.  

Without notifying the protesters or any other staff in the Detroit office, during the night of June 7, 1996, Mr. Retrum and Ms. Reiley visited the Detroit office and took an inventory of assets and files, in order to better assess their moving needs.  Final authorization from ALPA headquarters for the exchange with Local Union 2000 occurred just prior to the executive board meeting on June 20, 1996.  As of July 5, 1996, no formal lease had been signed by the local union.

Billie Davenport, et al.

August 15, 1996

Page 1

On June 20, 1996, the executive board authorized Mr. Retrum to pursue a lease agreement for Detroit airport space and to make the necessary staffing decisions in order to implement the move.  Mr. Retrum’s proposal to move the Detroit office to the airport location focused on monthly cost savings and increased accessibility to the base representatives for Detroit-based flight attendants.[2]  The offsite location was approximately 2,400 square feet with three bathrooms.  The onsite airport location is approximately 550 square feet; the base representatives will share a conference room with ALPA that is approximately 300 square feet.  The local union paid $3,400 in rent for the former offsite location and pays $853 for the current onsite space.

Given the limited space at the new office, Mr. Retrum and Ms. Reiley intended to transfer the clerical operations to Minneapolis in order to facilitate the move.  On June 27, 1996, the lease and termination of clerical operations in Detroit were approved by the executive board by a poll vote of five members to two members.  The motion read as follows:

The following motion is being made to clarify the motions made at the June 20, 1996 Executive Board meeting with respect to clerical support and TITAN staffing requirements at the Detroit satellite office . . . [U]pon further review of the airport space available for lease to Local 2000 and a more detailed evaluation of the operational costs of maintaining two offices with clerical and support staff, the Executive Board authorized Bruce Retrum, President to move all clerical, support and TITAN functions to the National office.  The cessation of such work at the Detroit satellite office and the transfer of such work to the National Office in Bloomington, MN will be done in accordance with the terms of the OPEIU, Local 42 Agreement.  Additional operational savings of $1000 to $3000 per month will be generated by this action.

On June 27, 1996, Mr. Retrum and Ms. Reiley advised the Detroit staff of the changes in the Detroit operation and the impending move to the onsite airport location on June 29, 1996.  The base representatives were instructed to pack their personal belongings immediately.  On June 27, 1996, Mr. Retrum and Ms. Reiley had the locks to the old office changed and controlled access to the office until the opening of the airport office on July 1, 1996.

On June 27, 1996, Mr. Retrum had a flier distributed to all Detroit-based flight attendants advising them of the move of base representatives to the airport effective July 1, 1996.  In the flier, Mr. Retrum stated that, 

Billie Davenport, et al.

August 15, 1996

Page 1

[T]he new location was made possible through lengthy negotiations over the past six months with Wayne County, Northwest, and the Air Line Pilots Association (“ALPA”)

. . . The move to the Detroit Airport is consistent with our goals of providing our members with more efficient and cost-effective service . . . With such a large commuter population, the Executive Board believed we could not pass up the opportunity to provide our members with improved access to your Union, while at the same time saving thousands of dollars each month in operating expenses.

The flier included the names of all the base representatives under Mr. Retrum’s name, although none of the base representatives were aware of the flier prior to its distribution. 

The protesters argue that the abrupt move and reduction in office size and staff, approximately three months after the delegate election, including the transfer of TITAN operations and important membership files containing past grievance decisions, industry news and union/employer correspondence, was in retaliation for their successful delegate candidacies.  The protesters allege that the local union took no action to secure new space until after the delegate election in mid-March 1996.  The protesters further assert that the timing of the move was calculated to occur when the protesters would be at the IBT Convention, and there would be only one base representative in the office.  Besides the timing of the move, the protesters also maintain that the irregular and secretive moving procedures employed by the local union--including the search for the airport space without their input, taking inventory of the office during the night of June 7 without any notice, notifying them only two days prior to the move, changing the locks and controlling access to the offsite space until the move, including their names on a flier that was distributed to all Detroit-based flight attendants without their knowledge or approval--are further evidence of the local union’s intent to retaliate against the protesters for their election as delegates.

Billie Davenport, et al.

August 15, 1996

Page 1

Apart from their rival delegate candidacies, the protesters have been active and open opponents of Mr. Retrum, Ms. Reiley and the incumbent Local Union 2000 Executive Board.  In 1994, Mr. Campbell protested the election of Mr. Retrum, formerly of Local Union 2747.  Mr. Campbell withdrew this protest in January 1996.  In 1995, Mr. Wilson filed a petition with the National Labor Relations Board (“NLRB”) to unionize all of the base representatives that was strongly opposed by the incumbent administration.  During the course of these NLRB hearings, Mr. Campbell filed internal union charges against Mr. Retrum and Ms. Reiley for reporting his attendance at the hearings to Northwest.  On April 18, 1996, during a special mid-term officer election, Mr. Campbell and Ms. Davenport were elected as Detroit base representatives, replacing Carey Boerner, a representative appointed by the executive board.  In late May 1996, the protesters and other delegate slate members protested to the Election Officer the secretary-treasurer’s proposal regarding payment of lost wages for delegate-flight attendants for the week of the Convention.[3]  In June 1996, Ms. Davenport filed a charge with the Equal Employment Opportunity Commission against Mr. Retrum for his failure to appoint her to the Scheduling Committee for Detroit flight attendants.

The Rules at Article VIII, Section 11(f) prohibit “[r]etaliation or threat of retaliation by . . . any subordinate body . . . against a Union member, . . . for exercising any right guaranteed” under the Rules.  To demonstrate retaliation, a protester must show that conduct protected by the Rules was a motivating factor in the decision or the conduct in dispute.  Thus, the protester must show that the executive board, and particularly Mr. Retrum and Ms. Reiley, decided to move the Detroit base office, terminate its clerical staff and transfer TITAN operations from Detroit to the principal Minneapolis office because of the protesters’ successful election as delegates to the 1996 IBT Convention.  The Election Officer will not find retaliation if she concludes that the local union would have taken the same action even in the absence of the protected conduct.  See Bruno, et al., P-740-LU396-CLA (July 31, 1996) (decision on remand); Gilmartin, et al., P-032-LU245-PNJ, et seq. (January 5, 1996); Leal,

P-051-IBT-CSF (October 3, 1995), aff’d, 95 - Elec. App. - 30 (KC) (October 30, 1995); Wsol, P-095-IBT-CHI (September 20, 1995), aff’d, 95 - Elec.App. - 17 (KC) (October 10, 1995).

Here, the Election Officer does not find that the election of the protesters as delegates was the motivating factor for Mr. Retrum and the executive board’s decision to move the Detroit office.  The evidence refutes the protesters’ allegation that the local union did not start looking for space until after the delegate election occurred.  The evidence substantiates the local union’s claim that Northwest commenced its search for the local union in September 1995, six months prior to the delegate election in March 1996.  There is no evidence to support the protesters’ claim that Mr. Retrum and Ms. Reiley intentionally planned the move to occur near the time of the Convention so that the protesters would not be in the office.   The Election Officer finds that the primary motivating factor for the local union’s timing of its rushed move on June 29, 1996 was its intent to vacate the offsite space by June 30, 1996, the expiration date of its extended lease.  There is no evidence to suggest that Mr. Retrum or any other board member purposely delayed negotiations with ALPA so that the move would occur within the expedited time span protested here.  Accordingly, the Election Officer concludes that the timing of these two events, the protesters’ election as delegates in mid-March 1996 and the local union’s move of the Detroit office three months later is unrelated and does not provide any inference of retaliatory intent on the local union’s part.

The protesters argue that the irregular and secretive moving procedures employed by the local union are evidence of the retaliatory nature of the local union’s acts.  The Election Officer will not find retaliation if she concludes that the local union would have undertaken the same irregular and secretive actions, even in the absence of the protected conduct. 

Billie Davenport, et al.

August 15, 1996

Page 1

Mr. Retrum and Ms. Reiley assert that because of the sensitive nature of the politics with the airport authorities and ALPA, they felt that it was imperative not to share details of the move with the Detroit office staff, other than the local union’s intent to find an onsite airport space and the local union’s extensions of the lease for the offsite location.  Mr. Retrum and

Ms. Reiley were concerned, in light of the adversarial history between the local union’s executive board and the Detroit base representatives, that the base representatives would attempt to disrupt the negotiations in process.  Mr. Retrum and Ms. Reiley further assert that they were likewise concerned about tampering with the TITAN system.  Thus, they made a conscious decision to safeguard records and computer equipment by notifying the protesters of the details of the move at the last minute and controlling access to the office by changing the locks.  The Election Officer notes the animosity between the protesters and the local union executive board that already existed apart from their political rivalry as delegate candidates.  Hence, in light of this specific adversarial history between the parties, the Election Officer concludes that Mr. Retrum and Ms. Reiley would have conducted the move in the same secretive manner and without input by the protesters, even if they had not been elected as delegates.  

The Election Officer notes that the local union’s reasons for moving the Detroit base office to the airport focus on cost savings and better representation for the Detroit-based flight attendants, are in line with indications from the International union that the local union was not in a financial position to have two offices.  Mr. Retrum and Ms. Reiley have asserted that they considered the transfer of the clerical operations to Minneapolis in order to facilitate the move to the smaller space, and eliminate duplication of clerical work between the Detroit and Minneapolis offices.  While the Election Officer recognizes that the Detroit base has the largest number of flight attendants, she notes that the transfer of clerical staff is not at odds with the established practice for all other base representatives to route their clerical work to Minneapolis. 

Based upon the evidence provided, the Election Officer finds that the actions of the executive board did not violate Article VIII, Section 11(f) of 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:

Kenneth Conboy, Esq.

Latham & Watkins

885 Third Avenue, Suite 1000

New York, NY 10022

Fax (212) 751-4864

Billie Davenport, et al.

August 15, 1996

Page 1

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

Judith E. Kuhn, Regional Coordinator