IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 268
OEA Case Nos. PT030719MW and PT030911MW
Katherine Kleckner, a member of Local Union 743, filed two post-election protests pursuant to Article XIII, Section 3 of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). She alleges Election Administrator representative Dennis Sarsany violated her rights as an observer at the local's challenged ballot proceeding by confiscating her notes containing voter identifying information.
Election Administrator representative Dolores Hall investigated the protest.
Findings of Fact and Analysis
On March 3, 2001, the vote count at Local 743 produced challenged ballots sufficient in number to affect the results of the election. On March 5, Sarsany presided at the challenged ballot proceeding; Kleckner and two others attended as observers for their respective slates. At the outset, Sarsany explained the procedure and the eligibility criteria he would apply to resolve the challenges. He said observers could challenge the eligibility criteria but, to ensure ballot secrecy, would not be given voter-identifying information.
The eligibility of individual voters was checked against TITAN, and the observers were able to see the eligibility data displayed on the computer screen and printouts. Each made notes of the information. One observer's notes contained vote tallies only; another's showed voter names and Social Security numbers; Kleckner's included voter names and addresses and employer codes. When Sarsany learned of the note taking, he confiscated the notes of each observer, telling them he would not permit the voter identifying information they had noted to be used to determine how the challenged members voted. These protests followed.
Article IX, Section 6 of the Rules grants observers the right to "challenge the eligibility of any voter to vote" and to observe "the determination of eligibility of those members whose right to vote is challenged." Consistent with this provision, the Election Administrator is required by Article I "to take all necessary actions … to ensure fair, honest, open and informed elections."
Observers may not permissibly record information that will enable them to determine individual voters' electoral preferences. Sarsany acted appropriately and without discrimination by confiscating all observers' notes that could be used to destroy ballot secrecy. His action promoted a free and honest election, and we therefore DENY these protests.
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 (fax: 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 268
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
Katherine H. Kleckner
5013 S. Ridgeway Avenue
Chicago, IL 60632
IBT Local 743
300 S. Ashland Avenue
Chicago, IL 60607
Julie Hamos
203 North Wabash
Suite 1800
Chicago, IL 60601
Dennis M. Sarsany
1829 Eddy Street
Chicago, IL 60657
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001