Protest Decisions

IN RE: SALVATORE GUADAGNI,
Protest Decision 2001 EAD 321
Issued: April 18, 2001
OEA Case No. PR032615NA

Salvatore Guadagni, a member of Local 2000, 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"). He alleges that Local 2000 Independent Election Supervisor Barbara Quindel violated the Rules by holding the lottery for delegate election ballot position at her law office in Milwaukee, WI, and by using a Milwaukee post office box for undeliverable ballot returns. He further alleges that the local's attorney, Barbara Harvey, wrongfully stated in the March issue of the local's newsletter, Common Ground, that the local would pay the IBT convention-related expenses of its alternate delegates.

Election Administrator Representative Lois Tuttle investigated this protest.

Findings of Fact

Most Local 2000 members are Northwest Airlines flight attendants. They are located throughout the United States. The local's principal office is in Bloomington, Minnesota. The local also has representatives near airport base locations in Detroit, Boston, Chicago, Seattle, San Francisco, and Honolulu.

In late January 2001, following a change in administration at the local, its executive board asked the Election Administrator for permission to substitute Quindel for James DeHaan as its Independent Election Supervisor. The request was granted on January 29.

The local held its nomination meetings for delegate and alternates at twelve separate locations throughout the country between February 14 and 26. Twenty-nine delegate candidates (twenty-four of whom ran as candidates on one of two slates) and seven alternate delegate candidates (six of whom ran as candidates on one of two slates, one of whom ran as an independent) were nominated. Guadagni was nominated as an alternate delegate candidate on the Best Choice for Your Voice Base Reps and Members for You slate (the "BC slate").

By memorandum dated March 6, Quindel notified the slates and independent candidates that she would be holding the lottery for ballot position at her law offices in Milwaukee on March 13. Due to its location, no BC slate members could attend. However, the slate did participate in a conference call held during the lottery through its member Jacqueline Ross.

By memorandum dated March 14, Quindel further notified the slates and independent candidates that in accordance with the amended election plan approved by our office, undeliverable ballots would be returned to a post office box near her office in Milwaukee. She stated that such ballots would be brought to her office daily and counted, and the daily count and addresses of undeliverables would then be faxed to the local's Detroit office. She further stated that observers could inspect the daily count and addresses of undeliverables at the local's Detroit office, although new re-mailings would be done from her office.

In an article entitled "A Word from Your Local 2000 Attorney" which appeared in the March edition of Common Ground, the local's newsletter, Harvey mistakenly stated that the local had committed to pay the expenses of "all delegates and alternates" attending the convention. In fact, the local had specified in its election plan that it would not pay the expenses of its alternate delegates. Upon being informed of this mistake, the local union agreed to print a correction in its next issue of Common Ground in early May.

Analysis

Guadagni argues that the designation of Quindel's Milwaukee office as the location for the ballot placement lottery and a Milwaukee post office box for undeliverable ballots is contrary to prior practice at Local 2000, which consistently held election-related events at or near its two major offices in Minneapolis or Detroit, the locations nearest to the residences of most Local 2000 members. He further states that the remoteness of the Milwaukee post office box for undeliverable ballots prevented his slate from exercising its right to observe daily pick-ups of such ballots and, as such, amounted to a Rules violation.

The Rules do not specify that ballot placement lotteries, undeliverable ballot returns, or any other election-related events must be held within a certain distance from a local's principal office or offices. The local's election plan is silent as to the location of a ballot placement lottery, and Guadagni acknowledges his slate's interests were sufficiently protected by being allowed to participate via teleconference. Accordingly, we find that no Rules violation occurred as a result of the ballot placement lottery being held at Quindel's law office in Milwaukee, and DENY the protest allegation to the contrary.

The designation of a Milwaukee post office address for returned undeliverable ballots was made in accordance with the Rules and the amended election plan approved by our office. Moreover, since an election supervisor's responsibilities include making daily pick-ups of undeliverable mail, it is only logical that the designated pick-up location be somewhere near the supervisor's office. Furthermore, we find that Quindel made ample provision to protect candidates' observer rights by specifically informing them of the undeliverable ballots pick-up location in Milwaukee, as well as of their right to observe the daily faxed count and undeliverable address list at the Detroit local union office. Accordingly, we find this designation consistent with the Rules, and DENY the contrary protest allegation.

We deem the protest allegation concerning Harvey's misstatement of the local's plans for payment of alternate delegate expenses to be RESOLVED, given the local union's agreement to correct the mistake in the next issue of its magazine. The local union should forward the magazine issue containing the correction to the Election Administrator upon publication.

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 15^th Street NW, Tenth Floor, Washington, DC 20005 (fax: 202-454-1521), 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 321

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