IN RE: THOMAS BENNETT, Protestor.
Protest Decision 2006 ESD 95
Issued: March 29, 2006
OES Case No. P-06-108-020106-MW
Thomas Bennett, 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 alleged that the local union printed an excess number of ballots for the delegate and alternate delegate election.
Election Supervisor representatives Joe Childers investigated this protest.
Findings of Fact
The protest alleged that Local Union 200 has a total membership of 4,758, yet the local union printed 5,600 ballots for the delegate and alternate delegate election. Protestor Bennett notes that the number of ballots printed exceeds the guidelines published by our office that each local union print a number equal to 105% of its total membership. He is concerned that the additional ballots will be distributed and voted improperly.
Investigation showed that the total membership of the local union is approximately 4,800. Local union representatives told our investigator that they printed the additional ballots in order to have sufficient supply to remail undeliverables and to fill requests for duplicate ballots.
Investigation further showed that the 5% surplus of ballots we recommend be printed are in the custody of Tricia Van Boxel, the sole local union employee responsible for processing duplicates and undeliverables. The additional ballots were sealed in a box in the presence of observers from the competing slates, including the protestor's slate, and the observers signed the seal. This box has remained in a locked cabinet since that date and will not be opened prior to the tally of ballots unless the supply is needed in order to process duplicates and undeliverables.
The tally of ballots will include an audit of the contents of the sealed box of extra ballots.
Analysis
Article II, Section 10(g) of the Rules states the following, in relevant part:
The Local Union shall prepare and maintain the ballots prior to the election. … Ballots shall be printed in sufficient number to insure that each member who so desires has the right to vote. The person or entity printing the ballots shall certify the number printed. Ballot security shall be maintained throughout the pre-election process.
Investigation showed that ballot security has been maintained thus far in the pre-election process. A final check of the integrity of the process in this regard will be performed at the vote count with the audit of the unused ballots.
Finding no violation of the Rules, 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
885 Third Avenue, Suite 1000
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 95
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
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Thomas Bennett
337 Rubicon
Neosho, WI 53059
Tim Buban, Secretary-Treasurer
Local Union 200
6200 Bluemound Road
Milwaukee, WI 53213
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com