IN RE: ROBERT HIGDON,
Protest Decision 2001 EAD 344
Issued: May 4, 2001
OEA Case No. PR040611MW
Robert Higdon, member and alternate delegate candidate in Local Union 734, 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 the Rules were violated when ballot security was not maintained during their printing and mailing. He further alleges the Meidel Unity slate used union resources for campaign purposes in violation of the Rules.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
Ballot security. The local's ballots were printed April 3 for mailing the next day. James DeHaan, the local's retained election supervisor, oversaw the process. Observers, the protestor included, were also present. The protestor alleges ballot security during this process was breached in three respects. First, he claims ballot transmittal envelopes spoiled in the printing process were not properly destroyed. He next asserts the ballots were not safeguarded during the overnight period of April 3-4. Finally, Higdon contends the number of ballots retained for use as duplicate ballots was counted inaccurately.
Investigation showed that DeHaan directed the printer to discard the spoiled transmittal envelopes. The printer, Craig Chalk, did so at the end of the day on April 4. The protestor asserts the envelopes should have been rendered useless before they were discarded. The Rules require the security of ballots be maintained; they are silent on the treatment of spoiled transmittal envelopes. The disposal of the misprinted envelopes without first destroying them does not violate the Rules.
Investigation further showed security of the printed ballots was maintained during the overnight period by placing them in boxes, sealing the boxes, signing the seals to render them tamper-evident, and placing the boxes in a locked room. This procedure provided the ballot security the Rules contemplate, therefore we find no violation.
Finally, investigation of the ballots reserved for use as duplicates showed the initial tally computed for those ballots was incorrect. The arithmetic was checked and the tally adjusted. The ballots were sealed in a box which itself was sealed in another box, and the package was mailed to a mail house under contract to handle duplicate ballot requests. Under direct supervision of a representative of our office, the boxes were unsealed and the duplicates were counted. This hand count matched the number shown on the ballot reconciliation sheet. Accordingly, security of the duplicate ballots was maintained, and we find no Rules violation.
Alleged campaign use of union resources. Higdon asserts two business agents picked up campaign literature from the print shop while on union-paid time using a union-provided vehicle. Investigation showed the local used the print shop, Chalklines, Inc., for its periodic newsletter. The Meidel slate used the same printer for its campaign literature. On April 4, two business agents picked up excess copies of the local's newsletter for distribution to breakrooms at employers under the local's jurisdiction. The agents picked up campaign flyers at the same time.
Article VII, Section 11(b) prohibits campaign activity on time paid by the union. However, "[c]ampaigning incidental to regular Union business is not … violative of this section." The business agents were performing legitimate union business when retrieving the local's newsletter from the printer. The incidental activity of picking up campaign flyers, therefore, does not violate the Rules.
Equally without merit is Higdon's assertion that the agents improperly used a union-leased vehicle to transport the flyers. Where an agents is permitted personal use of a union-provided vehicle, as here, the campaign use of that vehicle is protected by Article VII, Section 11(c). Stroud, 2001 EAD 199 (February 27, 2001), aff'd, 01 EAM 42 (March 9, 2001).
For these reasons, we DENY the protest.
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 344
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
Robert Higdon
640 Algona Avenue
Elgin, IL 60120
IBT Local 734
300 S. Ashland Avenue
Room 306
Chicago, IL 60607
James DeHaan
448 Maincentre
Northville, MI 48167
Robert Brooks
IBT Local 734
300 S. Ashland Avenue
Room 306
Chicago, IL 60607
Craig Chalk
Chalklines Printing, LTD
626 S. Clark Street
Chicago, IL 60605
Brian Meidel
Meidel Slate
IBT Local 734
300 S. Ashland Avenue
Room 306
Chicago, IL 60607
Joe Sanchez
IBT Local 734
300 S. Ashland Avenue
Room 306
Chicago, IL 60607
John G. Sladek
2613 W. 75th Street
Woodridge, IL 60517
Dennis M. Sarsany
1829 Eddy Street
Chicago, IL 60657