Protest Decisions

IN RE: STEVEN SANTOS,
Protest Decision 2001 EAD 354
Issued: May 8, 2001
OEA Case No. PR032614NE

Steven Santos, a Local 804 member and delegate candidate on the Leedham Rank and File Slate (the "RF slate"), 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 the local violated the Rules by providing him with an inaccurate worksite list and an observer rights information form.

Election Administrator representative David Reilly investigated this protest.

Findings of Fact and Analysis

On February 25, 2001, Local 804 held its nomination meeting for delegates and alternate delegates. Jeffrey Zaino of the American Arbitration Association, "AAA," the agency responsible for Local 804's delegate and alternate elections, presided. After the meeting, Zaino provided observer rights information forms to all nominated delegates and alternates. The form gave the date and location of the ballot placement lottery, the procedure for ballot proofing, and the dates and location of ballot printing and mailing. It stated that the ballots would be printed at Winson-Surnamer Lithography on approximately March 22-23. Due to a clerical error, it stated that ballots would be mailed from Long Island by Winson-Surnamer. In fact, as shown in the local's Election Plan, the ballots were to be mailed by AAA from its New York City office. The March 27 mailing date listed on the form was correct.

In early and mid-March 15, Todd Thompson, on behalf of the Hoffa 2001 Unity Slate, and Santos on behalf of the RF slate, requested a worksite list from Local 804. Each slate received an identical list. Both lists were current and updated in all respects save one; each contained an incorrect worksite for Local 804 members employed at Frigidaire. In fact, that worksite had closed in 1998 and its employees, from that time, began working independently, receiving job assignments via radio dispatch. Local 804's clerical staff had failed to update their records indicating this change.

Santos took Friday, March 23 as a personal day and drove forty-five minutes from his home in Glendale, NY to the closed Frigidaire worksite to campaign. When he could not locate the site, Santos called directory assistance and learned that it had closed.

Santos then drove to Winson-Surnamer in Long Island, where he believed the ballots would be stuffed and mailed. Employees there informed him that the ballots would not be stuffed or mailed from that location, but rather from AAA's office. Santos drove to AAA, where he learned that the ballot stuffing would not begin until Monday, March 26. Santos then left and returned for a period of time on March 26 to watch some of ballot stuffing, after which he left.

On or about March 29, the local union received Santos' protest and realized that the worksite list's reference to the Frigidaire worksite was in error. The local immediately corrected the error in the local's records and provided new worksite lists to both slates on April 2.

Candidates are entitled to current and updated worksite lists pursuant to Article VII, Section 1(b) of the Rules. See Turner, 2001 EAD 275 (March 28, 2001). Here, evidence shows that the local union provided both campaigns with worksite lists that were believed to be current but in fact listed a worksite that had closed. However, no prejudice was suffered by either slate due to this error. Nor did the misprint in AAA's observer rights information form prevent Santos from observing the ballot stuffing or any other phase of the election process. 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 15^th 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 354

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