Protest Decisions

ELECTION APPEALS MASTER

FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

            Protest Decision 2020 ESD 48, which addresses a pre-election protest filed by Patrick Kelly, was issued on January 26, 2021 (OES Case No. P-059-012121-FW).  The protest alleged that the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (the “Rules”) permit Mr. Kelly to incorporate a campaign slogan where his name appears on the printed ballot for his candidacy as a delegate. 

On January 26th, the Election Supervisor denied the protest because only formal candidate names or nicknames are permitted to appear on printed ballots.  On January 28, 2021, Mr. Kelly appealed the decision.  On January 28, 2021, by Notice of Hearing, the Election Appeals Master scheduled a telephonic hearing for February 1, 2021.  On January 29, 2021, the Office of Election Supervisor submitted supplemental written argument in support of its position.    

A telephonic hearing was held on February 1, 2021.  The following individuals attended the hearing:  Jeffrey J. Ellison, Esq. on behalf of the Office of the Election Supervisor; and Mr. Kelly on behalf of himself.

 Decision of the Election Appeals Master

            Mr. Kelly is a member of Local Union 952 and is running as an independent candidate in the local’s upcoming delegate and alternate delegate election and is not affiliated with a slate.  Mr. Kelly’s formal name is scheduled to appear on the ballot under the section heading labeled “Independent Candidate.”  Mr. Kelly will also be running against other members from Local 952, some of whom are part of a “slate” of candidates (e.g., two or more candidates who, together, seek to compete in an election.)  See Article VIII; see also Definition 42 of the Rules.  These candidates will have their names appear on the ballot under the section heading that contains their slate name.  By example only, recent slate names include “Vairma/Herrera 2021 Teamster Power Slate” and “O’Brien-Zuckerman Teamsters United Slate 2021.”  The selection and use of slate names is governed by Article VII, Section 1(b) of the Rules.

Mr. Kelly contends that if slates can select a descriptive name for themselves, then it is only fair that his campaign slogan, “Be Wise, Organize,” should be embedded in the middle of his name when it appears on the ballot.  However, the Rules only permit formal names or nicknames of candidates to appear on ballots.  See Article II, Section 10(b).  This Rule applies to all candidates that run in an election either as part of a slate or as an independent candidate.       Thus, neither the Rule – nor its application here – is discriminatory. 

  Further, Mr. Kelly cannot use the Rules governing the selection of slate names to augment his candidacy as an independent candidate.  Accordingly, the Election Supervisor correctly concluded that the Rules do not permit Mr. Kelly to alter his name on the ballot to reflect a slogan or other campaign position. 

The decision of the Election Supervisor is AFFIRMED.

SO ORDERED,

Hon. Barbara S. Jones (Ret.)

Election Appeals Master

DATED:         February 1, 2021
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