Protest Decisions

IN RE: DEARMON FRALEY,
Protest Decision 2001 EAD 167
Issued: February 15, 2001
OEA Case No. PR020512SO

See also Election Appeals Master decision 01 EAM 40 (KC)

DeArmon Fraley, a member of Local 667, 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"). Fraley alleges that Local 667 secretary-treasurer, Ramon Luna, used his union position to check the eligibility of nominated candidates that opposed his slate for delegate and alternate delegate positions to the IBT International Convention.

Election Administrator representative Dolores C. Hall investigated this protest.

On January 14, 2001, Local 667 conducted its nomination meeting for delegate and alternate delegate to the IBT International Convention. Secretary-treasurer Luna checked the eligibility of candidates for the Convention under the mistaken belief that it was his job to do so. On January 16, 2001, Luna and Henry Perry, president of Local 667, contacted Dolores Hall regarding the eligibility of several nominees. They were advised that the Election Administrator had the sole responsibility to determine eligibility and would do so if a protest were filed. On January 17, 2001, Luna and Perry contacted Jason Weidenfeld at the Election Administrator's office who advised them that as local union officials who were also candidates, it would not be prudent for them to file an eligibility protest. On January 17, 2001, shortly after a meeting of all the candidates, the Election Administrator received by fax a protest from Jonas Brown, a Local 667 job steward at Yellow Freight, challenging the eligibility of six candidates. Fraley alleges that the protest was actually drafted by Ramon Luna who prevailed upon Brown to sign the protest.

Brown denied the allegations that Luna provided him with the information and/or prepared the protest. He stated that after the nomination meeting there were discussions regarding the eligibility of the six individuals against whom the protest was filed. According to Brown, he filed the protest because he wanted to make sure that everyone who was nominated was a member in good standing.

Luna, who is a candidate for delegate on the Membership Slate, also denied the allegations. He stated that there was chaos after the nomination meeting and Brown was present when everybody was asking questions about various candidates' eligibility. Luna stated that Perry, who is also a candidate on the Membership Slate and at one time served as Local 667's secretary-treasurer, advised him that it was his job to determine the eligibility of candidates.

Perry confirmed that Luna had checked the eligibility of candidates. He claims that he and Luna determined that certain candidates were ineligible and that triggered the calls to both Hall and Weidenfeld. Perry however, claims that he did not know how Jonas Brown came to file the protest.

The protestor raised several facts that suggest that Luna and Perry provided Brown with the information for his protest and/or drafted the actual protest. Assuming arguendo that Luna and Perry were instrumental in filing the protest, the Election Administrator finds that this does not mean that there was a violation of the Rules.

In Kleckner, 2001 EAD 110 (January 30, 2001), the Election Administrator found that the secretary-treasurer of Local 743 had a clear partisan purpose when he checked the eligibility of candidates on his slate prior to the nomination meeting but only checked the eligibility of candidates opposed to his slate after the nomination meeting and then used this information to file a protest. The Election Administrator ruled that the manner in which the secretary-treasurer used his access to the membership records demonstrated that his conduct was not directed toward the independent, institutional interest of the local union, but rather toward the interest of that secretary-treasurer's slate.

The Rules do not prohibit a secretary-treasurer from conducting eligibility checks on candidates. However, such checks must not have a partisan purpose. There is no evidence that there was an improper motive behind the eligibility checks conducted by Luna or that he only did checks on candidates that opposed his slate. Once Luna had information that certain candidates were ineligible, he had the right to file a protest with the Election Administrator.

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 the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy, Election Appeals Master

Dolores C. Hall, South Area Regional Director

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