Protest Decisions

IN RE: JOAN MCGOVERN,
Protest Decision 2001 EAD 231
Issued: March 12, 2001
OEA Case No. PR030512ME

Joan McGovern, a member of Local 623 and candidate for alternate delegate to the International Convention, 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"). McGovern asks that non-slate votes cast in the Local 623 delegate elections be recounted due to the small margin by which she lost the election for alternate delegate.

Election Administrator representative William B. Kane investigated this protest.

On March 2, 2001, Local 623 conducted its ballot count for its delegate elections. Attorney Peter Marks conducted the count. The committee first counted the slate votes a total of three times until they were satisfied that they had an accurate count.

The non-slate votes were counted next. Six candidates vied for three alternate positions. The first tally showed that McGovern lost the election for alternate delegate by three votes. She was credited with 351 votes, while Joseph Zaremba, the candidate winning the third ranked position, received 354 votes. McGovern asked for a recount. Marks denied her request because there were still 58 challenged ballots that had to be resolved.

On March 5, 2001, six of the 58 challenged ballots were deemed eligible, while the remainder were declared ineligible. McGovern gained two more votes, bringing her total to 353. Consequently, McGovern lost her bid for alternate delegate by one vote to Zaremba.

Although there is no specific provision in the Rules that provides for a recount under these circumstances, "[t]he Election Administrator has the authority to take all necessary actions, consistent with [the] Rules, to ensure fair, honest, open and informed elections." Rules,Article I. We find that there has been no violation of the Rules by Marks or the local union. However, we find that the non-slate ballots should be recounted to ensure a fair and accurate election. Therefore the protest is GRANTED. The local shall conduct this recount within two (2) working days of its receipt of this decision.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two 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 15^th 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 231

DISTRIBUTION LIST (BY UPS NEXT DAY AIR UNLESS OTHERWISE SPECIFIED):