9 replies to this topic

[hadit631]

Spoke with a very good friend of mine at AI today and he says that there will not be 100% payout on our vacation checks this year. He said we were going to get hit by as much as 20% for administration costs due to Penis's mismanagement of the vacation fund. WTF John you blame the past administration for everything else how you going to blame them for this? You cant blame Southwest you are the Manager of the fund. You have been managing the fund for the last three years. Even in the bad years the previous administration paid us out at 100% every year. You are a fraud and a joke. You need to go John before you completely destroy what little we have left.

[Moises Cortez]

Isn't that par...? Construction b.a. Dey was around our barn long enough to post up the election notice from Hoffa's office, but he wouldn't stick around long enough to tell us about the vacation fund. We got word somethiing was going down, but we had no idea it would be this bad!

[hadit631]

Wayne Dey is also a trustee on that trust and is responsible for this failure. He has run around for the last three years bad mouthing the last administration and look what he has done and he has not got the balls to tell the Members. What a tragedy.

[hadit631]

PENIS where is my vacation check? Do you know what trust meens? It means we are trusting you with our money to be paid no later than the first of January each year. It should not suprise any of us that you fucked this up just like everything else you touch. You are a discrace and your time has come and gone. I can't wait until the 23rd so you are gone for good and you can take you drunken wife and Wayne Dey with you. Maybe they can both crawl into the same bottle and help each other drink into oblivian.

[racinovals]

After sevral phone calls for two days to many people which included the IBT after about 10 am today we finally got aporoval and the checks should be in print. But please let me say I will believe it when I see it. I have been fighting for three days to get this going. I just hope it worked! They must have thought we were just a bunch of yahoos, NOT!

[hadit631]

Why would Penis be afraid of you he has been thumbing his nose at Hoffa for over two years. Your just a Member who do you think you are expecting to get you fricking vacation check that you trusted Pebis to hold on to for you. Th real question here is where the Hell is Hoffa? When will he get the balls to take this puke out so we can vote in a new S/T?

[racinovals]

I'm just a construction Teamster that needs my vacation check along with the several others. I also agree with you where is Hoffa!

[sleepyhollow]

HOFFA DOESN'T CARE! I'm just a long time member hoping all the confusion an back stabbing will CEASE!!! We (631)deserve the BEST!! If you read HOFFA'S decisions in the report below you can draw your own conclusion, BUT HOFFA DOESN'T CARE. He is ALL for JP. This election will most likely turn out to go the same way...GOD HELP US(631). Here we go Again!!! It's costing the members(631) 18,000.00 to remail ballots that should have been sent out correctly the first time. Talking about a screw up ELECTION..read on!!! HOFFA DOESN'T CARE...

OFFICE OF THE ELECTION SUPERVISOR

for the INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: KEVIN HARDISON, ) Protest Decision 2011 ESD 198

) Issued: April 4, 2011

Protestor. ) OES Case Nos. P-199-030711-GP

____________________________________)

Kevin Hardison, member of Local Union 631 and delegate candidate, filed a pre-election

protest in Case Number P-084-011811-GP pursuant to Article XIII, Section 2(b) of the Rules for

the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”). The protest

alleged that candidates on the Empowerment slate campaigned on employer premises in

violation of the Rules.

Election Supervisor representative Bruce Boyens investigated this protest.

Findings of Fact

The Hoffa 631 slate competed against the Empowerment slate, the Restore the Pride

slate, two other small partial slates and an independent candidate in Local Union 631’s election

for eight delegates and two alternate delegates to the IBT convention. Protestor Hardison is local

union president and was lead delegate candidate on the Hoffa 631 slate. John Phillipenas is local

union secretary-treasurer and was lead delegate candidate on the Empowerment slate.

Hardison’s protest made four allegations. All were said to occur on March 3, 2011. He

first alleged that Todd Clapper, a local union executive board member running on the

Empowerment slate, campaigned inside UPS Freight’s facility at 8:30 a.m., distributing

campaign flyers and posting the flyer on the bulletin board. He also alleged that Phillipenas,

Kermit Williams, and Joe Rivas, all of whom are employed by the local union, held a “captive

audience” meeting at Laughlin Landfill at 10 a.m. “to discuss politics and health and welfare

issues.” The protest further alleged business agent Rick Gallegos and steward Marlene Garcia

distributed Empowerment slate flyers at UPS South at 10 a.m. and posted the flyer on the

bulletin board. Finally, he claimed that Kermit Williams posted an Empowerment slate flyer on

the bulletin board at Republic Services Sloan worksite at 3 p.m.

UPS Freight. Investigation showed that member Joe Phillips posted an Empowerment

slate flyer on the “general” bulletin board at the facility. According to Phillips, the board he used

is not the local union’s official board; instead, it is used for general postings and “all kinds of

crap are put on that board.” Phillips also told our investigator that the flyer he posted had been

removed by an unknown person. No witness observed Todd Clapper inside the facility

distributing flyers, although member Tom McLaughlin saw Clapper with Phillips outside the

building and Phillips had flyers in his hand.

Laughlin Landfill. No evidence was presented to substantiate the allegation that

Phillipenas and others made a captive audience speech at this worksite to discuss politics.

Hardison, 2011 ESD 198

April 4, 2011

2

Steward Dale Jensen, a witness identified by protestor Hardison, told our investigator that he

witnessed no campaign activity at the worksite.

UPS South. Investigation showed that business agent Gallegos gave flyers to steward

Garcia, who in turn distributed them to a few members who were in the break room taking their

breaks. Garcia then noticed a typographical error on the flyer1 and stopped her distribution. The

protest also alleged that Gallegos walked through a sorting area of the facility where four

employees were working; it alleged that he held up a campaign flyer and told those employees

that the Empowerment candidates “will appreciate your support.” Two of the four employees to

whom Gallegos made this pitch were candidates on the Restore the Pride slate. The other two

indicated to our investigator that they supported Restore the Pride. Six of the eight delegate

candidates on the Restore the Pride slate won delegate positions, including the two who were

said to have witnessed Gallegos’ campaign activity. The remaining two delegate positions were

won by Empowerment slate candidates.

Republic Services Sloan. No evidence was presented to substantiate this allegation.

Williams denied he visited the facility on March 3. Republic management denied through

human resources that they observed any campaigning or campaign literature.

Analysis

We DISMISS the allegations with respect to Laughlin Landfill and Republic Services

Sloan for lack of evidence.

The allegation concerning posting on the general purpose bulletin board at UPS Freight

implicates Article VII, Section 12(d) of the Rules, which declares that “[n]o restrictions shall be

placed upon candidates’ or members’ preexisting rights to use employer or Union bulletin boards

for campaign publicity.” Under this provision, past practice governs use of an employer bulletin

board. Cooper, 2005 ESD 8 (September 2, 2005). Where there is no past practice of using the

board as a general purpose board, there is no right to post campaign literature there. Bolen, 2006

ESD 73 (February 7, 2006); Deaver, 2006 ESD 74 (February 7, 2006); Hailstone & Martinez,

2010 ESD 24 (September 24, 2010). The only evidence presented concerning the bulletin board

at UPS Freight was that it was used for general purposes. General purpose boards may be used

for campaigning. Accordingly, we DENY the allegation with respect to UPS Freight.

The allegation concerning distribution of flyers on non-work times in the break room of

UPS South, a non-work area, implicates another sentence of Article VII, Section 12(d), which

declares that “no restrictions shall be placed upon candidates’ or members’ preexisting rights to

solicit support, distribute leaflets or literature … or engage in similar activities on employer …

premises.” We have repeatedly held that campaigning in non-work areas of an employer

worksite on non-work time does not violate the Rules. DePietro, 2010 ESD 52 (December 8,

2010); Kozubowski, 2010 ESD 61 (December 22, 2010); Martinez, 2011 ESD 134 (February 23,

1 The flyer identified one candidate as an employee of “USP” when it should have read “UPS.”

Hardison, 2011 ESD 198

April 4, 2011

3

2011); and Gibbs, 2010 ESD 54 (December 9, 2010). Accordingly, we DENY the allegation

with respect to break room distribution at UPS South.

With respect to the allegation concerning Gallegos’ display of a campaign flyer in a work

area during work time, we find insufficient evidence to conclude that this occurred. The

protestor was not a witness to the occurrence; Gallegos denied the incident; and the four

employees who said it occurred were either candidates on or supporters of the Restore the Pride

slate. If Gallegos made the campaign statement to that audience, as the protest alleged, we find it

likely that his pitch would have been met with counter-campaigning either supporting Restore

the Pride or opposing Empowerment.

Although this protest was filed pre-election, we consider it in a post-election context

pursuant to Article XIII, Section 2(f)(2) of the Rules. If the campaigning occurred on the sorting

floor at UPS South as alleged in the protest, we find it did not affect the outcome of the election,

as all employees who are said to have witnessed the campaign activity told our investigator that

they supported Restore the Pride and were not dissuaded from this support by Gallegos’ alleged

activity. Accordingly, we DENY this aspect of the protest.

Any interested party not satisfied with this determination may request a hearing before

the Election Appeals Master within two (2) working days of receipt of this decision. The parties

are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was

not presented to the Office of the Election Supervisor in any such appeal. Requests for a hearing

shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Kenneth Conboy

Election Appeals Master

Latham & Watkins

885 Third Avenue, Suite 1000

New York, NY 10022

Fax: (212) 751-4864

Copies of the request for hearing must be served upon the parties, as well as upon the Election

Supervisor for the International Brotherhood of Teamsters, 1801 K Street, N.W., Suite 421 L,

Washington, D.C. 20006, all within the time prescribed above. A copy of the protest must

accompany the request for hearing.

Richard W. Mark

Election Supervisor

cc: Kenneth Conboy

2011 ESD 198

Hardison, 2011 ESD 198

April 4, 2011

[16stew57]

Penis,you are FUCKED

[racinovals]

All construction members you need to call JOHN and or WAYNE DEY and demand an emergency craft meeting ASAP! We need JOHN to bring an itemized statement of the year from 2010 of October to 2011 October. The most important things we need to look at are Attorney fees. Today many members called SWA to find out why their checks had a deduction of more than 3X'S last years. SWA told everyone that called that the fees were, Legal,cpa, and office. Well cpa's aren't they a set fee normally? Office we already knew they got a 4% raise while we took a rather large hit. Attorney's fees what was so f'd up about a bank account that we need attoreny fees? I realize an attorney sits on the trust but what did he need a new car or something. PLEASE CONTACT JP or WAYNE DEY we have the right to see the books and what a better way for all to see them than a craft meeting! PHONE THE HALL!