November 18, 1996
VIA UPS OVERNIGHT
Frank Bryant
November 18, 1996
Page 1
Frank Bryant
7707 Stonewood Drive
Greensboro, NC 27455
Jack Cipriani, President
Teamsters Local Union 391
3100 Sandy Ridge Road
Colfax, NC 27235
Mike McGaha
Teamsters Local Union 391
3100 Sandy Ridge Road
Colfax, NC 27235
Frank Bryant
November 18, 1996
Page 1
Re: Election Office Case No. P-1163-LU391-SEC
Gentlemen:
Frank Bryant, a member of Local Union 391 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”). Mr. Bryant alleges that Local Union 391 Business Agent
Mike McGaha violated the Rules on October 30 and October 31, 1996 when he participated in campaign activities for International officer candidate James Hoffa while on union-paid time.
Mr. McGaha admits that he did campaign for Mr. Hoffa on October 30 and October 31, 1996, but he denies that he campaigned while on union-paid time. Mr. McGaha alleges that on October 30 he was on vacation when he campaigned for Mr. Hoffa, and that on October 31, he concluded his campaign activities before he began his normal workday at 9:00 a.m.
This protest was investigated by Regional Coordinator J. Griffin Morgan.
Frank Bryant
November 18, 1996
Page 1
Investigation of this protest reveals the following: Mr. McGaha, as a business agent, is a salaried employee of Local Union 391. Local Union 391 business agents are expected to call or arrive at the local union hall each workday between the hours of 8:30 and 9:00 a.m., and the time at which the agent calls or arrives is recorded on the “Daily Schedule.” The location where the agent will be working in the morning and in the afternoon is also recorded on the “Daily Schedule.” If the local staff has been previously informed where the business agent will be working on a given day, that prearrangement is indicated on the “Daily Schedule” by use of the letter “p,” and no “report in” time is recorded.
Mr. Bryant has offered no evidence in support of his allegation that Mr. McGaha was on union-paid time while campaigning for Mr. Hoffa on October 30.
Mr. McGaha has submitted a copy of the “Leave of Absence Form,” approved and dated October 29, on which he submitted a request for vacation time, and also a copy of Local
Union 391’s “Daily Schedule” for Wednesday, October 30, which indicates that Mr. McGaha was on vacation on that day. Mr. McGaha has approximately three weeks of unused vacation time remaining in 1996.
In response to Mr. Bryant’s allegation about October 31, Mr. McGaha states that on October 31, he concluded his campaign activities prior to the start of his normal business day. Mr. McGaha states that from approximately 7:30 a.m. to 8:20 a.m., he campaigned with
Mr. Hoffa in the parking lot of the Greensboro UPS facility, after which he drove Mr. Hoffa to the airport, where he left Mr. Hoffa at approximately 8:45 to 8:50 a.m. Mr. McGaha states that he then drove to the local union office in Greensboro, where he began a normally scheduled workday at 9:00 a.m. Mr. McGaha has submitted a copy of Local Union 391’s “Daily Schedule” for Thursday, October 31, which indicates that Mr. McGaha, by prearrangement, was expected to spend the morning of October 31 working in Greensboro.
Article VIII, Section 11(a) of the Rules states that “[a]ll Union members retain the right to participate in campaign activities, including the right to run for office, to support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions.” However, Section 11(a) adds the proviso that “[n]o candidate or member may campaign during his/her working hours.”
Mr. McGaha’s right to participate in campaign activities on his own time is a protected right under the Rules. The Election Officer finds that Mr. McGaha did not campaign on union-paid time and therefore did not violate the Rules.
Based on the foregoing, this 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:
Frank Bryant
November 18, 1996
Page 1
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
J. Griffin Morgan, Regional Coordinator