IN RE: JOE FAHEY, Protestor.
Protest Decision 2005 ESD 10
Issued: September 8, 2005
OES Case No. P-05-009-083005-FW
Joe Fahey, a member of Local Union 200, 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 alleges that Local 912 did not post notice of its delegate nomination meeting on all worksite bulletin boards or mail the notice to each member as required by the Rules.
Election Supervisor representative Jeffrey Ellison investigated this protest.
Findings of Fact
The protestor alleged that Local 912 did not post notice of the nomination meeting for the delegate and alternate delegate election at the Gatorade facility in Oakland, California. In addition, the protestor alleged that the local did not mail notices of the nomination meeting to each member.
Our investigation showed that the local mailed the notice of nomination meeting to each member on August 3, 2005, 23 days before the August 26 meeting. In addition, the local produced proof that it faxed the notice to Janice Kegler, steward at the Gatorade facility, on July 27 and asked her to post the notice on the union bulletin board there.
Kegler acknowledges that members employed at the Gatorade plant told her they received the nomination meeting notice by mail. Kegler denies receiving the mailed notice herself but attributes this fact to her recent move.
Kegler further denies that she received the local's July 27 fax of the nomination meeting notice. She states that the fax number the local used is to a fax machine located in a part of the plant where she goes infrequently. However, the local's office manager states that she used the fax number on a business card Kegler supplied to the local and to which faxes have been sent in the past with confirmed receipt.
Kegler learned of the nomination meeting at least the day before it occurred. She states that she did not attend the meeting because of the distance involved (85 miles from her plant, 110 from her home), and that she is "okay with who they nominated."
Analysis
Article II, Section 5(d) of the Rules requires each local union to provide its members with notice of nomination meeting at least 21 days in advance of the meeting by first-class mail and postings on union bulletin boards. Late notices or missing postings will not result in a Rules violation in the absence of bad faith on the part of the local union or disadvantage to any potential candidates. Lefevre, 2001 EAD 301 (April 12, 2001), citing Wenham, 2001 EAD 221 (March 7, 2001), Snow, P368, (March 6, 1996), and Young, P426 (March 29, 1996).
Here, the local complied with the rule by timely mailing notice of the meeting to each member and faxing the notice for posting at the Gatorade worksite to steward Kegler at the fax number Kegler supplied. Although Kegler herself did not receive the mailed or faxed notice, she had actual notice of the meeting prior to its occurrence, did not attend, and states that she is satisfied with the results of the nomination meeting. On these facts, we find no evidence of bad faith on the part of the local or disadvantage to any potential candidate by the lack of notice posting at the Gatorade worksite.
Accordingly, we DENY this 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, 1725 K Street, N.W., Washington, D.C. 20006, 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 10
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
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
barbaraharvey@comcast.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Joe Fahey
3910 E. Plankinton Avenue
Cudahy, WI 53110
Jfahey3@wi.rr.com
Brad Sebring, Secretary-Treasurer
Local Union 912
22 East Fifth Street
Watsonville, CA 95076
(By fax to (831) 724-1554)
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com