ELECTION APPEALS MASTER
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IN RE: TEAMSTERS UNITED,
Protestor, 2015-2016 EAM 15 (KAR)
DECISION RE 2016 ESD 165
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Protest Decision 2016 ESD 165 (ESD 165), which addresses a protest by Teamsters United, was issued on April 8, 2016 (OES Case Nos. P-221-031416-FW). The protest alleged that impermissible ballot collection and lack of security at the ballot count of ballot packages returned as undeliverable affected the outcome of the Local Union 572 delegates and alternate delegates election.
Decision of the Election Supervisor
ESD 165 concerns allegations that stewards at Mission School Transportation, an employer under the local union’s jurisdiction in Long Beach, California, collected ballots so they could be voted for the Middleton slate, which the Teamsters United 572 slate opposed in the local union’s delegates and alternate delegates election.
An investigation by the Election Supervisor confirmed that one steward--Shanda Harrell-- had collected ballots from a number of members for mailing, but had failed to mail them. During the investigation, Ms. Harrell surrendered the unmailed ballots, whereupon they were voided. Because the investigation substantiated the ballot collection claim, the Election Supervisor granted that aspect of the protest. The Election Supervisor noted that the ordinary remedy for proved ballot collection is to void the collected ballots, but that in this case such action was unnecessary because the collected ballots were never mailed.
Nonetheless, given the Election Supervisor’s decision ordering a rerun election in 2016 ESD 166 (April 8, 2016), he ordered Local Union 572 to post a notice in the form attached to ESD 165 on all worksite bulletin boards under the jurisdiction of the local union.
The Election Supervisor rejected the second allegation of this protest--that ballots returned as undeliverable were left unsecured at the ballot tally—observing that “[t]he implication of this allegation is that the ballot packages were accessible so that one or more unscrupulous persons could remove the ballots, secret ballot envelopes, and ballot return envelopes from ballot packages returned as undeliverable, vote the ballots, and slip them in to be counted with voted ballots picked up from the post office.” The Election Supervisor found that “OES staff attended the ballot count in this local union. They observed that the ballot packages returned as undeliverable were maintained in a tray on the floor within the perimeter established by the tables used to count ballots. They were out of reach of persons who observed the counting of ballots and were not touched or opened by any person.”
Appeal by Local Union 572
In a letter to the Election Appeals Master dated April 11, 2016 (Local 572 Appeal), Local Union 572 complains that “the Election Supervisor has ordered the Local to post the notice attached to the Decision on all worksite bulletin boards, notwithstanding the fact that the violation occurred at one location or one employer, and the ballots involved in that protest had never been mailed or counted.” Local 572 Appeal at 2 (emphasis in original). Local Union 572 appeals on the ground that “[t]he scope of this remedy far exceeds the violation—which was first reported to the Election Supervisor by the Union.” Id.
Hearing on Appeal
A telephonic hearing on the appeal of Local Union 572 was held on April 15, 2016, along with the appeals of ESD 164 and 166. This hearing was attended by Jeffrey Ellison, Esq., Michael Miller, Chris Mrak and Deborah Schaaf (Office of the Election Supervisor); Elizabeth Rosenfeld, Esq., Joseph J. Kaplon, Esq., Lourdes M. Garcia, Esq., David Hoffa, Esq. Brad Raymond, Esq., Christy Bailey, Julian Gonzalez, Esq., and Barbara Harvey, Esq. No additional argument was presented by Local Union 572 during this hearing with respect to ESD 165.
Decision of the Election Appeals Master
The appeal by Local 572 is denied and ESD 165 is affirmed for substantially the reasons set forth in ESD 165 and the Election Supervisor’s supplemental letter to the Election Appeals Master, dated April 12, 2016. I note that based on my decision of this date with respect to the appeal of ESD 166 (2015-2016 EAM 16), which affirms remedial orders by the Election Supervisor that require the posting of rerun election notice on all worksite bulletin boards under the jurisdiction of the local union, the contemporaneous posting of the notice regarding collection of ballots will require minimal additional expenditure or labor.
SO ORDERED.
/s/___________________________________
KATHLEEN A. ROBERTS
ELECTION APPEALS MASTER
April 21, 2016