IN RE: JOHN GALE, Protestor.
Protest Decision 2006 ESD 125
Issued: March 3, 2006
OES Case Nos. P-06-155-021706-SO
(See also Election Appeals Master decision 06 EAM 21)
John Gale, Secretary-Treasurer of Local Union 667, 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 slate declaration form submitted by the Rank and File Power slate is invalid because the signature of a slate member was a forgery.
Election Supervisor representative Dolores C. Hall investigated this protest.
Findings of Fact
The protestor alleged that the slate declaration form submitted by the Rank and File Power Slate contained the forged signature of Toni E. Jackson. The signature incorrectly spelled Jackson's name "Tony," rather than "Toni."
Mike McGowan, head of the slate, told our investigator that he signed the names of all members of the slate, consisting of McGowan, Jackson, Rob Vonglis and Kenneth Phillips. McGowan further stated that he had the permission of each member of the slate to sign that member's name. Our investigation revealed that McGowan, Jackson, Ron, and Kenneth agreed to form a slate in January 2006.
Vonglis and Phillips have jobs that made them unavailable to sign the slate declaration form. Jackson had a death in her family and was away for the wake and funeral. She told our investigator that she had given McGowan permission for him to sign "anything" needed in order to make the slate declaration form submission deadline.
Thomas Brown of TLB Solutions, the organization conducting the election for the local union, learned of the misspelling of Jackson's name and contacted Jackson for an explanation. She told him that she did not sign the form personally but gave McGowan permission to sign in her behalf.
Analysis
The purpose of the Rules is to ensure "fair, honest, open and informed elections." Rules, Article I. The purpose of the slate declaration form is to ensure that there is indeed "mutual consent between and among all candidates running on a slate" to their doing so. Article VIII, Section 1(b) of the Rules provides that "[s]uch mutual consent shall be evidenced by the signing of a declaration by all members of the slate, giving the position that each candidate seeks and the name, if any, of the slate to be formed."
In Shanahan, P397 (February 6, 1996), the Election Officer found that a candidate on a slate signed the name of an independent candidate on a slate declaration form without the consent of that independent candidate. The Election Officer found the "mutual consent" required by the slate formation rule was lacking, noting the requirement that such "mutual consent shall be evidenced by the signing of a declaration by all members of the slate…" In granting the protest before her and invalidating the slate declaration form, the Election Officer held:
First, the Election Officer credits the statement of Mr. Shanahan that he never gave Mr. Baker his consent to be a member of the slate. Second, even if he had, Mr. Baker admits that he forged Mr. Shanahan's name onto the form. The Rules require that all members sign the slate declaration and that there be mutual consent.
Id., p. 3 (emphasis supplied).
In McNeely, 2001 EAD 254 (March 22, 2001), the Election Administrator construed this passage from Shanahan "as referring to the absence of Shanahan's consent to be a slate member, not his lack of authorization to another to sign his name in the presence of the requisite mutual consent." Id. (emphasis supplied).
In McNeely, the Election Administrator validated the slate declaration form and permitted the candidates on that form to proceed as a slate, even though one candidate, Reller, had not signed the form but instead authorized another slate member to sign her name. "[T]here is no doubt that Reller consented and consents to membership on the BC slate. That is the basic requirement established by Article VIII, Section 1(b)."
We similarly find that Jackson and all other slate members consented and consents to membership on the Rank and File Power slate.
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., 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 125
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
John Gale, Secretary-Treasurer
Local Union 667
351 West Robinson
Hernando, MS 38632
Mike McGowan
7254 Blackoak Drive
Walls, MS 38680
Ron Vonglis
765 Summit Drive #2
Jonesborough, TN 37659
Kenneth K.W. Phillips
P.O. Box 18499
Memphis, TN 38181-0499
Toni E. Jackson
4363 Peppertree Road
Memphis, TN 38109
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001
hall1000@cox.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com