November 22, 1996
VIA UPS OVERNIGHT
Dan Edmundson
November 22, 1996
Page 1
Dan Edmundson
32460 22nd Avenue, S.W.
Federal Way, WA 98023
Gordy Teller
c/o Teamsters Local Union 741
553 John Street
Seattle, WA 98109
Ron Carey Campaign
c/o Nathaniel Charny
Cohen, Weiss & Simon
330 W. 42nd Street
New York, NY 10036
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway, Suite 200
Farmington Hills, MI 48334
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
Dan Edmundson
November 22, 1996
Page 1
Re: Election Office Case No. P-1173-LU741-PNW
Gentlemen:
Dan Edmundson, a member of Local Union 741, 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”) alleging that Local Union 741 member Gordy Teller and an unidentified companion committed several violations of the Rules at Oak Harbor Freight Lines (“Oak Harbor”) on October 30, 1996, when Mr. Teller went to Oak Harbor to make a bulletin- board posting pursuant to the Election Officer’s resolution in P-1078-LU741-PNW. Specifically, Mr. Edmundson alleges that Mr. Teller and his companion wanted to use too much of the bulletin board and, while there, leafleted cars in the employer parking lot, put campaign leaflets in employee lockers, vandalized a vending machine with campaign stickers, and may have been campaigning on union time.
Dan Edmundson
November 22, 1996
Page 1
Mr. Teller responds that Mr. Edmundson was “playing games” with respect to the supposed lack of space on the bulletin board by insisting that unnecessary materials remain posted.
Regional Coordinator Christine M. Mrak investigated this protest.
The investigation revealed that the Carey campaign designated Mr. Teller to effectuate the resolution of the protest in P-1078-LU741-PNW. The decision in P-1078-LU741-PNW states that the Carey campaign is to be allowed to post four pieces of campaign literature on the Local Union 741 bulletin board at Oak Harbor. During the investigation of P-1078-LU741-PNW, Local Union 741 informed the Regional Coordinator that the bulletin board was 23 feet in size, thus accommodating approximately six pages of literature.
With the dimensions of the bulletin board in mind, the decision in P-1078-LU741-PNW states,
[i]f at some point there is not enough room on the board for candidates to post material without obscuring official noticing, the following priority rule will apply: required notices of the Election Officer will be given first priority; timely, official local union postings will be given second priority. The pro-Carey material may occupy what space is left . . .
The decision also notes that “[t]he local union has agreed that [four pages of Carey] material will be posted on the bulletin board and will remain posted through the month of November, subject only to space limitations [just] described.”
Prior to Mr. Teller’s arrival at Oak Harbor, Mr. Edmundson telephoned the Regional Coordinator, and they discussed the size of the bulletin board. According to Mr. Edmundson, the postings on the board were: (1) the two-page Notice of Election of the Election Officer; (2) a plaque given to the local union two years ago for some charity work, which Mr. Edmundson considers a permanent fixture; (3) a photograph of James P. Hoffa that was covered by the Regional Coordinator’s resolution letter; (4) a University of Washington invitation to local union members to participate in a conference; and (5) a copy of Local Union 741 Secretary-Treasurer Cindy Zehnder’s resignation that had been on the board for two weeks. The Regional Coordi-nator told him that he should remove her letter resolving P-1078 and remove the photograph of Mr. Hoffa underneath it. The investigation revealed that a wage-scale notice and a seniority list were also posted on the bulletin board but covered by the other documents. The Election Officer finds that the only posting accorded preference over the four pages of Carey literature, under the terms of the prior resolution, was the two-page Notice of Election.
On October 30, 1996, Mr. Teller and Local Union 227 member Ed Chalfant went to
Dan Edmundson
November 22, 1996
Page 1
Oak Harbor to make the remedial posting. The investigation revealed that when Mr. Teller arrived, the secretary-treasurer’s letter had been removed, and the Regional Coordinator’s resolution letter had been removed, leaving the photograph of Mr. Hoffa visible.
Mr. Edmundson did not make room on the bulletin board for the required posting of Carey material. Mr. Teller states that Mr. Edmundson told him that the board was full and made a “big display” of moving the literature around, leaving space for only one piece of Carey campaign literature. Mr. Teller placed a photograph of Mr. Carey over the empty space and covered a wage-scale notice with a campaign leaflet. Thus, Mr. Teller was only permitted to post two of the required four pages of remedial campaign material.
Mr. Edmundson states that he “had to rearrange the entire bulletin board to accommodate” Mr. Teller. In so doing, Mr. Edmundson moved page two of the Election Officer’s notice underneath page one and removed a seniority list and placed it on the general purpose bulletin board nearby. Mr. Edmundson continued to display the two-year old plaque and the picture of Mr. Hoffa.[1]
In response to Mr. Teller’s protest, Mr. Edmundson alleges that “Ms. Mrak had previously informed [him] that Gordy Teller was to be allowed to post one page/sheet of
Ron Carey campaign material” on the local union bulletin board. Thus, Mr. Edmundson alleges that Mr. Teller violated the “directions of the Election Officer Representative (Ms. Mrak) by the posting of more than one sheet of Ron Carey campaign material on the small bulletin board.”
The Election Officer finds that when the Regional Coordinator spoke to Mr. Edmundson, she reiterated the priority given to posted items as listed on the Election Officer’s order. Thus, she correctly told him that if all the other items on the board took priority over the posting, then Mr. Teller could be limited to one page.
During the investigation of this protest, the Regional Coordinator informed Mr. Edmundson that he could not cover one of the pages of the Election Officer’s official notice with the other because the bulletin board’s being locked prevents the second page from being seen. He has since moved the pages so that they are both visible.
Dan Edmundson
November 22, 1996
Page 1
While Messrs. Edmundson and Teller were rearranging the bulletin board, the protester claims that Mr. Chalfant was vandalizing employer property and papering cars in the parking lot. Neither Mr. Edmundson nor his witness, Dave Malka, saw this as it was occurring. However, Mr. Chalfant admits that he placed folded campaign flyers in the door jambs of cars in the parking lot and states that he placed folded flyers in the vent slots of employees’ lockers in the employee locker room. Mr. Chalfant states that he saw a Carey campaign decal on a vending machine in the lunchroom but states that he did not place it there.
Finally, the protester questions whether Mr. Teller was on union time when he campaigned for Ron Carey.
1. Allegation Concerning the Posting of Carey Campaign Materials
Under the terms of the resolution in P-1078-LU741-PNW, the only material on the local union board at Oak Harbor entitled to preference over the four pages of Carey campaign material was the two-page Election Notice. Therefore, the Election Officer finds that the resolution allowed Mr. Teller to post all four pieces of literature. By refusing to post the four pages of campaign literature provided by the Carey campaign, Mr. Edmundson and Local Union 741 are in violation of the Election Officer’s resolution in P-1078-LU741-PNW.
By continuing to post the campaign photograph of Mr. Hoffa while denying room for required remedial Carey campaign postings, Local Union 741 continued to misuse local union resources, in violation of Article VIII, Section 11(d) of the Rules.
2. Allegation Concerning Leafleting Cars in Employer Parking Lot
The protester alleges that Mr. Chalfant leafleted “each and every vehicle in the parking lot with Ron Carey campaign literature,” which allegedly caused a significant litter problem.
Mr. Chalfant admitted to leafleting cars, stating that he put folded campaign literature in the door jambs of cars parked in Oak Harbor’s parking lot.
Article VIII, Section 11(e) of the Rules creates a limited right-of-access to IBT members and candidates to distribute literature and to campaign in any parking lot used by union members to park their vehicles in connection with their employment. In Maxwell,
P-731-LU24-CLE (April 25, 1996), the Election Officer found that this right-of-access did not extend to “papering” cars:
The purpose of this section is to ensure that candidates and members have an effective method of communicating with other members about the International union delegate and officer election. This purpose is satisfied by the face-to-face opportunities for campaigning and handbilling that the parking lot rule affords. The limited right created and protected by this section does not extend to placing campaign material on vehicle windshields.
The Election Officer finds that putting campaign literature on vehicles is not protected under Article VIII, Section 11(e) of the Rules.
Dan Edmundson
November 22, 1996
Page 1
3. Allegation Concerning Improper Campaigning on Employer Property
The protester alleges that Mr. Teller “entered a posted ‘Employee Only’ locker room area and leafleted each and every locker in the ‘posted’ employee area. There were also multiple copies of Ron Carey campaign literature thrown on the floor of the locker room.”
Mr. Edmundson also alleges that the “leased (privately owned) vending machines were also vandalized by the actions of sticking Ron Carey campaign stickers on the machines.”
Mr. Chalfant admits to putting Carey campaign literature through the vents in the employee’s locker but denies throwing literature on the floor of the locker room and posting campaign stickers on anything.
Mr. Teller was given access to the employer’s work site for the purpose of posting Carey campaign materials on the local union bulletin board as part of the resolution of the protest in
P-1078-LU741-PNW. Under the Rules, a non-employee may otherwise gain access to employer premises if the employer has allowed access to non-employees in the past.[2] Neither Mr. Teller nor Mr. Chalfant claimed that there was a pre-existing right to campaign on the employer’s premises. Any campaigning that took place inside the employer’s premises was not protected by the Rules and was, therefore, outside the scope-of-access created by the Election Officer’s resolution of the prior protest.
Thus, the Election Officer finds that Mr. Chalfant violated the Rules when he leafleted the employee locker room.
Mr. Edmundson alleges that Mr. Chalfant posted campaign stickers on the vending machine in the employee lunchroom but he offered no witnesses or other evidence.
Mr. Chalfant denies having posted campaign stickers anywhere on Oak Harbor’s premises. Article XIV, Section 1 of the Rules states, in relevant part, that “[w]ith respect to any protest, it shall be the burden of the complainant to present evidence that a violation has occurred.”
Mr. Edmundson did not provide any evidence to support this allegation.
Finally, Mr. Edmundson alleges that Messrs. Teller and Chalfant were on union time when they campaigned on behalf of Mr. Carey. Mr. Edmundson does not provide any evidence to support his allegation. The Election Officer finds that Mr. Edmundson did not meet his burden of proof in this instance.
Dan Edmundson
November 22, 1996
Page 1
For the foregoing reasons the protest is GRANTED with respect to the placement of campaign material in employee lockers, and DENIED in all other respects. Furthermore, the Election Officer finds that Local Union 741 and Mr. Edmundson violated the agreed terms of the Election Officer’s resolution of P-1078-LU741-PNW.
When the Election Officer determines that the Rules have been violated, she “may take whatever remedial action is appropriate.” Article XIV, Section 4. In fashioning the appropriate remedy, the Election Officer views the nature and seriousness of the violation, as well as its potential for interfering with the election process. In view of the noncompliance with regard to P-1078-LU741-PNW, the Election Officer orders the following:
1. Mr. Chalfant shall cease and desist from improper campaigning on employer premises.
2. Upon receipt of this decision, Local Union 741 shall immediately take down all Hoffa campaign material from the Oak Harbor bulletin board.
3. The Carey campaign, through Mr. Teller, shall immediately be permitted to post up to four pages of campaign literature. A representative of the Election Officer will accompany Mr. Teller and direct which materials will remain on the bulletin board. The literature will remain posted as directed through December 10, 1996.
An order of the Election Officer, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. In Re: Lopez, 96 - Elec. App. - 73 (KC) (February 13, 1996).
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
Dan Edmundson
November 22, 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
Christine M. Mrak, Regional Coordinator
[1]Thus, when Mr. Teller left Oak Harbor on October 30, the locked bulletin board contained the two-year-old plaque, the photograph of James P. Hoffa, the University of Washington invitation, a photograph of Ron Carey, a Carey campaign leaflet and the Election Notice, with one page over the other.
[2]Article VIII, Section 11(d) of the Rules states “no restrictions shall be placed upon candidates’ or members’ preexisting rights to solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities on employer or Union premises.”