IN RE: JIM EVANS, Protestor.
Protest Decision 2005 ESD 4
Issued: August 12, 2005
OES Case No. P-05-004-072605-FW
Jim Evans, a member and candidate for delegate in Local Union 948, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). He alleged that the local failed to provide him with a complete copy of the local union plan for the upcoming delegate and alternate delegate election.
Election Supervisor representative Christine Mrak investigated this protest.
Findings of Fact and Analysis
On July 20, 2005, Jim Evans, a declared candidate for delegate from Local Union 948, picked up from the local's office a copy of the local union plan for the delegate election. Missing from the plan, however, was the list of worksites where the local has members. Evans questioned the office secretary about the missing worksite list; she advised him that he would not be entitled to the worksite list until he was formally nominated.
On July 21, Evans made a written request for the worksite list. The local union responded by mailing the worksite list on July 22. However, Evans did not receive the list until after this protest was filed and docketed.
Article II, Section 4 of the Rules requires each local union to submit for approval a plan for conducting the election of delegates and alternate delegates. The plan must list "the addresses of all sites where one (1) or more members of the Local Union is then employed, with corresponding names of employers." Article II, Section 4(b)(10). Once the local union submits it plan to our office for approval, it must make "the complete Plan" available to "any member of the Local Union submitting the Plan;" the local must also provide a copy of the plan at no cost to any member requesting it. Article II, Section 4(c).
The worksite list is an integral element of a local union plan because it informs members and candidates of the locations where potential voters may be found. When a member requests a copy of the local union plan, the Rules require that the worksite list also be produced.
Although the local initially refused to produce the worksite list to Evans, it promptly corrected its error and supplied the list. Accordingly, we deem the protest RESOLVED.
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 Supervisor 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 the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, c/o Orrick, Herrington, & Sutcliffe LLP, 3050 K Street, N.W., Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2005ESD 4
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Patrick J. Szymanski
General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
pszymanski@teamster.org
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
braymond@fwslaw.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
barbaraharvey@comcast.net
Jim Evans
3424 West Sunnyside Avenue
Visalia, CA 93277
Teamsters Local Union 948
1933 W. Caldwell, Suite 7
Visalia, CA 93277
Matthew Morbello
Beeson, Tayer & Bodine
1001 6th Street, Suite 500
Sacramento, CA 95814
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
cmm@wmblaw.net