June 8, 1998
VIA UPS OVERNIGHT
Gary T. Abraham
June 8, 1998
Page 1
Gary T. Abraham
Union Steward
United Parcel Service
4964 Clifford Drive
Fairfield, OH 45014
William C. Wright, Jr., Pres.
Teamsters Local Union 100
2100 Oak Road
Cincinnati, OH 45241
Dale Arthur
Teamsters Local Union 100
2100 Oak Road
Cincinnati, OH 45241
Ken Hall, Director
Parcel and Small Package Trade Division
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Henry F. Murray, Esq.
Livingston, Adler, Pulda & Meiklejohn
557 Prospect Avenue
Hartford, CT 06105
Bradley T. Raymond, Esq.
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Gary T. Abraham
June 8, 1998
Page 1
Re: Election Office Case No. PR-089-LU100-NCE
Gentlepersons:
Gary Abraham, a member of Local Union 100, 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 Ken Hall, Bill Wright, and Dale Arthur. Mr. Wright is the president of Local Union 100. Mr. Arthur is a member of Local Union 100 and an IBT International representative. Mr. Hall is Director of the IBT Parcel and Small Package Trade Division and has declared himself as a candidate for general president. Mr. Abraham alleges that on April 21, 1998, Messrs. Hall, Wright, and Arthur campaigned on union-paid time at the United Parcel Service (“UPS”) facility in Cincinnati, Ohio.
Gary T. Abraham
June 8, 1998
Page 1
Mr. Hall and Mr. Arthur admit that they campaigned at the Cincinnati UPS facility on April 21 and also at the UPS facility in Sharonville, Ohio, on April 22. They assert, however, that the campaign activity took place during non-working hours. Mr. Wright admits being present at the Cincinnati UPS facility on the morning of April 21 but denies that he engaged in campaigning.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
The protester did not observe the protested activity. Wayne Whitaker, a member of Local Union 100 who works the night shift at the Cincinnati UPS facility, observed Messrs. Hall, Wright, and Arthur handing out campaign leaflets at the facility at 8:00 a.m. on April 21, 1998. Mr. Whitaker also stated that at approximately 7:00 a.m. on Friday, April 22, he saw Messrs. Hall and Arthur campaigning at the Sharonville UPS facility. Mr. Whitaker states that he thought that the campaigning was on union time because the Local Union 100 hall opens for business at 7:00 a.m.
By sworn affidavit, Mr. Hall stated that he was in Cincinnati, Ohio, on April 21 and April 22, 1998, to hold one in a series of regional meetings with IBT local union officers and business agents to discuss enforcement strategies for the new UPS collective bargaining agreement. Mr. Hall stated that he took a half-day of vacation time on the morning of April 21 to campaign at the Cincinnati UPS facility prior to the start of the UPS meeting which was held from 1:00 p.m. to 5:00 p.m. Mr. Hall stated that Mr. Arthur and Mr. Wright were with him at the UPS facility in Cincinnati but Mr. Wright left at 8:00 a.m. to attend a grievance meeting and other union business. Mr. Arthur took vacation time in order to campaign. Mr. Hall later stated that he and Mr. Arthur also campaigned at the Sharonville UPS facility on the morning of April 22 but that he returned to his hotel prior to the beginning of that day’s meeting, which was held from 9:00 a.m. until 12:00 noon.
Mr. Hall’s travel was paid for by the IBT in connection with his travel to and the regional UPS meeting. Mr. Hall pays all expenses with his personal funds and then submits his expense sheets to the IBT at some point after a block of travel is completed. The IBT has submitted Mr. Hall’s expense reimbursement request for April 1998. The request does not claim any reimbursable expenses for April 20 or April 21, and claims a half-day of vacation on April 21.
Mr. Wright stated that he was talking with Mr. Hall at the Cincinnati UPS facility on the morning of April 21 between 7:20 a.m. and 7:45 a.m. At that time, he left to attend to a grievance hearing and other union matters. Mr. Wright asserts that he was not campaigning, but merely talking to Mr. Hall in an attempt to decide who he should support in the upcoming rerun election. Mr. Wright denies handing out any leaflets. Mr. Whitaker saw Mr. Wright standing with Mr. Hall, but did not see him handing out leaflets.
Gary T. Abraham
June 8, 1998
Page 1
Mr. Arthur stated that he was on vacation when he campaigned with Mr. Hall. The IBT submitted a copy of Mr. Arthur’s official request for a half day of vacation for both April 21 and April 22, 1998.
The Rules, at Article VIII, Section 11, provide that all union members, including officers, candidates, and employees, retain the right to participate in election-related activities such as campaigning for office or supporting a candidate, but may not do so on time that is paid for by the union and such campaigning must not involve the expenditure of union funds.
While the Rules are violated when campaign activity occurs during work time, no violation of the Rules occurs when such activity takes place prior to the start of work. Grossman, P-476-LU284-CLE (March 6, 1996). There is no evidence that Mr. Wright was campaigning with Mr. Hall. Even accepting the protester’s facts, there is no evidence that campaign activity occurred during work time. A candidate is not prohibited by the Rules from campaigning merely because he is traveling on union-paid business, as long as such campaigning does not take place during working hours or does not otherwise involve the use of union funds or resources. Sullivan, P-052-LU14-SCE (December 12, 1995), aff’d in rel. part, 96 - Elec. App. - 55 (KC) (January 17, 1996); Passo, PR-084-LU705-NCE (May 21, 1998).
The protester presented no evidence to show that Messrs. Hall, Wright, and Arthur engaged in any campaign activity during working hours on April 21 or April 22, 1998, or that any union funds or resources were used in connection with such activity. Mr. Arthur was on vacation. Mr. Hall has claimed a half-day of vacation on April 21 and has presented credible evidence that the campaigning did not occur on union paid time.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) 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
Gary T. Abraham
June 8, 1998
Page 1
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
MGC:chh
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Regional Coordinator