Grisham, 2016 ESD 207

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: LENDON GRISHAM,                   )           Protest Decision 2016 ESD 207

                                                                        )           Issued: May 6, 2016

            Protestor.                                           )           OES Case No. P-138-012916-SO     

____________________________________)                                                                  

Lendon Grisham, member of Local Union 480 and delegate candidate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that members on an opposing slate campaigned inside a UPS facility where they were not employed, in violation of the Rules.

Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

Local Union 480 is entitled to elect four delegates and three alternate delegates to the IBT convention.  Eight delegate candidates and five alternate delegate candidates competed on two slates for these positions.  The tally conducted March 11, 2016, showed that protestor Grisham and all members of his slate polled more votes than any candidate on the slate that is the subject of this protest. 

            We deferred decision on this protest for post-election consideration pursuant to Article XIII, Section 2(f)(2).  We may remedy violations found in post-election protests only where the conduct may have affected the results of the election.  Article XIII, Section 3(b).  As all candidates on protestor Grisham’s slate won the positions they sought, we need not decide whether the conduct Grisham alleged gave the opposing slate an advantage or benefit prohibited by the Rules because Grisham’s slate prevailed notwithstanding this alleged advantage or benefit.

Accordingly, we DENY this protest as MOOT.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within three (3) 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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2016 ESD 207

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