IN RE: ADRIAN HUFF, Protestor.
Protest Decision 2005 ESD 6
Issued: August 18, 2005
OES Case No. P-05-006-081105-NE
(See also Election Appeals Master decision 05 EAM 1)
Adrian Huff, a member and candidate for delegate in Local Union 445, 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 union failed to provide him with the worksite list from the local union plan for the upcoming delegate and alternate delegate election.
Election Supervisor representative David Reilly investigated this protest.
Findings of Fact and Analysis
On July 22, 2005, Adrian Huff, a declared candidate for delegate from Local Union 445, made written request of the local for a copy of the worksite list incorporated in the local union plan for election of delegates and alternate delegates. Huff states that the local has not replied to his request.
The local union responds that it has not yet submitted its proposed local union plan to our office for review and approval, but expects to do so within the time permitted by the Rules. Once the proposed plan is submitted, the local states that it will make the complete plan - including the worksite list - available to members for review and provide copies to those requesting it.
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 its 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 local union's obligation to supply the complete local union plan to members attaches when it submits the plan to our office for review. Because the local union plan has not been submitted and indeed is not yet due, the local union has not violated the Rules by failing to produce the worksite list to Huff. Accordingly, 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 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
2005 ESD 6
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
Adrian Huff
12 Butler Terrace
Chester, NY 10918
abigpappa@hotmail.com
Teamsters Local Union 445
P.O. Box 2097
Newburgh, NY 12550
David Reilly
22 West Main Street
North Kingston, RI 02852
dreilly@rooltd.com