IN RE: TONY DiDONATO, Protestor.
Protest Decision 2006 ESD 78
Issued: February 9, 2006
OES Case No. P-06-067-011706-MW
Tony DiDonato, a member of Local Union 705 and delegate candidate on the "705 Members" slate, 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"). The protest alleged that the local union's election officer required the protestor to supply the full Social Security numbers of all candidates, nominators and seconders on his slate, in violation of the Election Supervisor's advisory permitting submission of only the last four digits of such numbers.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
Local Union 705 conducted its nominations meeting for the delegate and alternate delegate election on January 15, 2006. The day before the meeting, the protestor submitted the necessary forms to nominate 26 candidates for delegate and 4 candidates for alternate delegate. Where the form called for the member's Social Security number, only the last 4 digits of the number were supplied.
On January 16, Bruce Boyens wrote DiDonato directing him to supply the full 9 digit Social Security numbers for all candidates, nominators and seconders by close of business January 18. The memo stated that such information was mandatory.
The protestor complied but filed this protest, relying on the Election Supervisor's Advisory on Requiring Only Last Four Digits of Social Security Number for Identification Purposes, issued July 21, 2005.
Article II, Section 5(f) of the Rules details the procedures for making written nominations in delegate and alternate delegate elections. That provision states that each written nomination "shall be signed by the member submitting the nomination or second and shall contain his/her Social Security number."
In our July 21 advisory, we noted that four sections of the Rules require disclosure of Social Security numbers, viz., Article II, Section 5(f), Article X, Sections 2(a)(2) and (3) (regarding signing and certifying accreditation petitions), and the Campaign Contribution and Expenditure Reports required by Article XII, Section 2. The advisory permitted use of the last 4 digits of the Social Security number only for filings made pursuant to the last three provisions just cited; it did not modify the requirement stated in Article II, Section 5(f) at issue in this protest.
The purpose of the advisory was to reduce the actual and perceived risk of identity theft associated with disclosure of full Social Security numbers and thereby improve member participation in the electoral process. Reduction of this risk was balanced against the requirement that such participation is limited solely to members. Such balancing in the nomination context militated toward requiring disclosure of the full Social Security number, and the advisory therefore excluded candidate nomination forms from the exception to full disclosure. The need to verify that a member is eligible to run for election or to nominate or second the nomination of a candidate is paramount. Balanced against this need is the reduced risk of accidental dissemination or intentional misuse, given the very limited circulation of candidate nomination forms.
Accordingly, Boyens correctly required that the slate submit full Social Security numbers for each candidate, nominator and seconder. Therefore, 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., Suite 1400, 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
2006 ESD 78
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
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
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Tony DiDonato
PO Box 478
Sugar Grove, IL 60554
Stephen E. Pocztowski
Secretary-Treasurer
IBT Local Union 705
1645 W. Jackson Boulevard
Chicago, IL 60612
Bruce Boyens
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com