IN RE: JIM CHAMBERS,
Protest Decision 2000 EAD 69
Issued: December 21, 2000
OEA Case No. PR111602SO
Jim Chambers, a member of Local 767, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules")against Local 237 and the Hoffa Unity Slate (the "Hoffa slate"). The protest alleges that Local 767 has violated Article II, Section 10 of the Rules by the manner in which it conducted its simultaneous local union officer and International convention delegate elections
Election Administrator representative Lois Tuttle investigated the protest.
Findings of Fact
Local 767's delegate nomination meeting was held on October 1, 2000. The ballots for Local 767's delegate election were mailed on November 1, 2000, and the ballots were counted on November 22, 2000.
Chambers, a steward at the UPS Feeders plant in Mesquite, TX (and apparently a supporter of candidates on the losing United Teamsters slate in the Local 767 delegate election), protests the manner in which the local mailed its ballots for that election and the simultaneous local union officer election. The ballots for each election were mailed on the same day. Chambers claims that the ballots in the two elections looked substantially similar, and that as a result at least three members (and possibly a number of other members) threw out one of the two ballots provided (either for local union officers or delegate/alternate delegates), and therefore failed to cast a vote.
Our investigator spoke with Steve Echols of Reilly Echols Printing, which handled the ballot printing and mailing for each election. Both sets of ballots were mailed out on the same day, on November 1, 2000, under the supervision of a representative from the two competing slates in the election (Joe Ardt for "Strength Through Diversity" slate; Jacqueline Johnson from "United Teamsters" slate). The ballots were mailed from the Dallas, Texas station Unit GMS post office.
The outside envelopes mailed to members for each election were white. The envelope in which the delegate ballots were mailed to members had the following return address:
Teamsters Election Committee - Delegate
P.O. Box 15220
Fort Worth, Texas 76119
The envelope in which the local union officer ballots were mailed to members had the following return address:
Teamsters Election Committee - Executive Board
P.O. Box 40587
Fort Worth, Texas 76140
Each return address is plainly legible on the face of the envelope.
Further distinguishing the ballot mailings, the inside materials in each mailing are color-coded. The materials for the delegate election are green. The materials for the officer election are yellow. All of the ballots are 8 ½" x 11" (letter size) and have the printer's registered label on them (so that they are difficult to copy). The ballots for both elections are folded with the type on the inside.
The color-coded materials also plainly identify the election to which they pertain. This is true of the separate instruction letter for each election; the ballot itself; and the return envelope. Thus, the green delegate ballot contains the heading, "OFFICIAL BALLOT FOR THE ELECTION OF IBT CONVENTION DELEGATES AND ALTERNATE DELEGATES TEAMSTERS LOCAL 767." The yellow officer ballot contains the heading, "OFFICIAL BALLOT FOR THE ELECTION OF OFFICERS AND EXECUTIVE BOARD TEAMSTERS LOCAL 767." The color-coded return mailing envelopes also plainly identify the election for which they are to be used.
Chambers does not dispute the above. His objection to the form/mailing of the ballots is that they were the same size for both elections, that they looked almost identical because the candidates for positions in both elections had the same names, and that in a number of cases both envelopes arrived on the same day.
Chambers concern arose after he was asked by a member on November 8, 2000 why two ballots were sent to his home. Chambers explained that they were for different elections. The member told Chambers that he thought they were duplicates so he threw one in the trash. Two other members told Mr. Chambers that they had done the same. Chambers said that since the time that this matter came to his attention he has talked to approximately 20 additional members at his workplace. Of these, only the original three referenced above had thrown out ballots.
Analysis
Article II, Section 7(b) allows local unions to elect their International convention delegates and local union officers at the same time, provided that "the delegates and alternate delegates [are] elected in an election separate from the election of Local Union officers." The ballots for the delegate election here comply with the provisions of Article II, Section 10. Moreover, the ballots and related materials for the separate officer and delegate elections are clearly and distinctively identified, so that no reasonable person can be confused thereby. There is no violation of the Rules here.
For the foregoing reasons, the protest is DENIED.
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 Administrator 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
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, 10th Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2000EAD69
DISTRIBUTION LIST VIA FAX AND UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
645 Griswold
Penobscot Building
Suite 1800
Detroit, MI 48226
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Betty Grdina
Yablonski, Both & Edelman
1140 Connecticut Ave. NW
Washington, DC 20036
Jim Chambers
4161 County Road 4410
Commerce, TX 75428
IBT Local 767
6109 Anglin Dr.
Forest Hill, TX 76119
Delores Hall
1000 Belmont Place
Metairie, LA 70001