IN RE: KEN WENHAM,
Protest Decision 2001 EAD 221
Issued: March 7, 2001
OEA Case No. PR012412WE
See also Election Appeals Master decision 01 EAM 49 (KC)
Ken Wenham, a member of Local Union 690 and candidate for delegate, 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"). His protest alleges that the list of nominees in the local's delegate election was not posted at his worksite as required by the Rules.
Election Administrator representative Paige Keys investigated the protest.
Findings of Fact and Analysis
Article II, Section 6(a) of the Rules requires the local union secretary-treasurer, "[a]s soon as possible but in no event later than five (5) days following the nomination meeting(s)," to post "on all Union bulletin boards a list of nominated candidates, by name (and by slate affiliation, if known at the time)."
The local held its nomination meeting January 9, 2001. Its deadline for posting the list of nominated candidates was January 14. The local promptly mailed the list to its stewards with instructions that they post it on all worksite bulletin boards immediately. However, when the protestor returned from a week's vacation on January 22, he discovered the list was not posted at his worksite. He contacted the local, and the list was posted the same day.
Ballots were mailed February 9. The protestor does not allege that he was materially disadvantaged by the list's absence from his worksite, nor does he contend he was unable to distribute campaign material or otherwise inform members of his candidacy because the list was missing for a period of time.
In Snow, P368 (March 6, 1996), a delayed posting of nomination results did not violate the Rules where there was no evidence of the local's bad faith and no disadvantage to candidates. In Young, P426 (March 29, 1996), the local's prompt re-posting of notices mitigated the effect of the missing posting. In Snow, P727 (May 28, 1996), the Election Officer recognized the practical difficulty in maintaining postings over a period of time:
[T]he Local is not necessarily able to continually police each and every bulletin board. There is no evidence that the Local violated the Rules by failing to post or when notified, repost. There is no evidence that the Local directed, encouraged or condoned the removal of any [posting].
Here, as in Young, supra, we find "there is no evidence to suggest that the missing notice led to an electorate without knowledge of the election, or otherwise affected its outcome," especially given that the list of candidates was posted at the protestor's worksite nearly three weeks before ballots were mailed. Accordingly, 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, Tenth Floor, Washington, DC 20005 (facsimile 202-454-1501), all within the time 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
2001 EAD 221
DISTRIBUTION LIST VIA 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
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Ken Wenham
723 E. Sinto
Spokane, WA 99202
IBT Local 690
1912 North Division Street, LL #103
Western Region/JC 28
Spokane, WA 99207
Christine Mrak
2357 Hobart Avenue
Seattle, WA 98116
Paige Keys
12523 SE 64th Place
Bellevue, WA 98006