November 16, 1998
VIA FIRST CLASS MAIL
Charles W. “Butch” Traylor
November 16, 1998
Page 1
Charles W. “Butch” Traylor
1709-A Gornto Road
Suite 127
Valdosta, GA 31601
Donald S. Scott, President
Teamsters Local Union 728
2540 Lakewood Avenue, S.W.
Atlanta, GA 30315
Richard L. Black, Sec.-Treas.
Teamsters Local Union 728
2540 Lakewood Avenue, S.W.
Atlanta, GA 303152
Charles W. “Butch” Traylor
November 16, 1998
Page 1
Re: Election Office Case No. PR-354-LU728-EOH
Gentlemen:
Charles “Butch” Traylor, a member of Local Union 728, 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 Local Union 728. The protester alleges that Local Union 728 has refused to request a leave of absence from UPS on his behalf to campaign for candidates running in the rerun election in violation of the Rules.[1] The protester notes that Article 16, section 1 of the UPS National Master Agreement establishes the right of local unions to request a leave of absence for legitimate union business. The protester maintains that Local Union 728's position that it has only made such requests for members to attend labor conventions or other official union business, not including campaigning, is pretextual. The protester alleges that Business Agent Dennis Moore arranged for a leave of absence for him for one day to campaign on behalf of candidates in the local union officer election three or six years ago. The protester did not know of any other instances when Local Union 728 had requested a leave of absence for other members to campaign.
The protest was investigated by Election Office Staff Attorney Kathryn A. Naylor.
Charles W. “Butch” Traylor
November 16, 1998
Page 1
Richard Black, secretary-treasurer of Local Union 728, claims that the local union routinely requests a leave of absence for a member pursuant to Article 16, Section 1 of the National Master Agreement only to attend labor conventions (such as the IBT Convention, TDU Convention or the National Black Caucus Convention), or for official union business primarily involving organizing drives.[2] Mr. Black stated that he is not aware of the local union ever making a request on the protester’s behalf, or on behalf of any other member, to campaign for International or local union officer candidates. Mr. Moore stated that he vaguely recalls campaigning with the protester in the local union election at UPS in Macon, Georgia, sometime in the past, but does not recall requesting a leave of absence for official union business from UPS on that occasion.
The Election Officer notes that the only reference to time off from work for union business appears in Article X, Section 1(f) of the Rules. This section provides that any time spent in “observing” any aspect of the election process shall be considered union business. In 1991 and 1996, the Election Officer found the Rules clearly stated that no observer shall use this privilege for the purpose of campaigning. Thus, campaigning is not “union business” as that term is defined and protected by the Rules. In re: Nathaniel Smith, 90 - Elec. App. - 20 (December 21, 1990); Moerler, P-754-LU63-CLA (May 10, 1991). Based upon the evidence presented here, the Election Officer finds that Local Union 728's denial of the protester’s request for a leave of absence to campaign does not constitute a violation of the Rules.
Based upon the foregoing, 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
Charles W. “Butch” Traylor
November 16, 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
cc: Kenneth Conboy, Election Appeals Master
[1]The protester notes that he intends to campaign for the local union officer election at the same time.
[2]Article 16, Section 1, states in pertinent part: “The Employer agrees to grant necessary time off, without discrimination or loss of seniority rights and without pay, to any employee designated by the Union to attend a labor convention or serve in any capacity on other official business.”