November 3. 1998
VIA FIRST CLASS MAIL
Tim Buban
November 3, 1998
Page 1
Tim Buban
4220 S. Katherine Drive
New Berlin, WI 53215
Frank Busalacchi, Sec.-Treas.
Teamsters Local Union 200
6200 W. Bluemound Street
Milwaukee, WI 53213
Tom Leedham Campaign Office
P.O. Box 15877
Washington, DC 20003
Scott Soldon
Previant, Goldberg, Uelmen,
Gratz, Miller & Brueggeman, s.c.
1555 North RiverCenter Drive
P.O. Box 12993
Milwaukee, WI 53212
Bruce T. Demitros
Terminal Manager
Consolidated Freightways
401 West Layton Avenue
Milwaukee, WI 53207
Tim Buban
November 3, 1998
Page 1
Re: Election Office Case No. PR-272-LU200-NCE
Gentlemen:
Tim Buban, a member of Local Union 200, 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 Frank Busalacchi, secretary-treasurer of Local
Union 200. Mr. Buban alleges that in retaliation for his refusal to support the candidacy of James P. Hoffa, a candidate for general president, Mr. Busalacchi and Business Representative Chris Varsos have failed to properly notify the protester of a denial of a leave request by his employer, Consolidated Freightways, Milwaukee, Wisconsin, (“CF”), and failed to properly represent him in a grievance proceeding. Mr. Busalacchi denies the allegations.
The protest was investigated by Regional Coordinator Judith E. Kuhn.
Tim Buban
November 3, 1998
Page 1
The protester is recording secretary of Local Union 200, which is a part-time position. He works as a driver for CF. During the initial 1996 election of International officers, members of the executive board of Local Union 200 supported Ron Carey and Mr. Busalacchi ran on the Ron Carey Slate for Central Region Vice President. In July 1998, Mr. Busalacchi and all the members of the executive board, except the protester, announced their support of Mr. Hoffa in the rerun election. The protester has been quite public in his opposition to Mr. Hoffa. Indeed, when Mr. Hoffa was in Milwaukee, Wisconsin on July 29, 1998 for a rally, Mr. Buban was part of a counter demonstration by supporters of Tom Leedham, an opposing candidate for general president.
On July 29, Mr. Busalacchi sent a routine letter to Bruce Demitros, Group Operations Manager at CF requesting that Mr. Buban be excused from work on Sunday, August 2, 1998 for union business. The time-off was requested so that the protester could attend the Local
Union 200 “tailgate” party. On July 29, Mr. Demitros responded to Mr. Busalacchi denying the request for leave. Mr. Busalacchi did not advise Mr. Buban of CF’s denial of leave. Since leave requests for union business are routinely granted, the protester assumed the request had been granted and went to the tailgate party on August 2, 1998. When the protester arrived at work on August 5, 1998, his next scheduled work day, he found a copy of the denial of leave attached to his time card. On August 10, 1998, the protester received a written warning for his failure to report to work. The protester filed a grievance and contends that Local Union 200 has failed to properly represent him due to his support of the Leedham Slate.
Article VIII, Section 11(f) of the Rules provides:
Retaliation or threat of retaliation by the International Union, any subordinate body, any member of the IBT, any employer or other person or entity against a Union member, officer or employee for exercising any right guaranteed by this or any other Article of the Rules is prohibited.
To demonstrate retaliation, a protester must show that conduct protected by the Rules was a motivating factor in the adverse decision or conduct in dispute. The Election Officer will not find retaliation if he concludes that the union officer or entity would have taken the same action even in the absence of the protester’s protected conduct. Gilmartin, P-032-LU245-PNJ
(January 5, 1996), aff’d, 95 - Elec. App. - 75 (KC) (February 6, 1996). See 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).
After discussions with the Regional Coordinator, Local Union 200 took measures to resolve the warning letters issued to the protester.[1] Based upon the efforts of the local union, the warning letters were retracted. Although advised of this, Mr. Buban refused to withdraw the protest.
Tim Buban
November 3, 1998
Page 1
Given the actions of Local Union 200 to have the warning letters retracted, the Election Officer finds that this protest is RESOLVED.
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
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
cc: Kenneth Conboy, Election Appeals Master
Judith Kuhn, Regional Coordinator
[1] The protester received a subsequent warning letter when he missed another day for union business.