IN RE: J.D. JACKSON, Protestor.
Protest Decision 2006 ESD 131
Issued: March 6, 2006
OES Case Nos. P-06-168-022206-MW
(See also Election Appeals Master decision 06 EAM 24, 06 EAM 24A and 06 EAM 26)
J.D. Jackson, a member of Local Union 299, 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 Election Services Corporation, the entity hired by the local union to run the delegate and alternate delegate election, did not respond to his repeated requests for information concerning the number of ballots printed, mailed, and remaining after mailing.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
Ballots for the delegate and alternate delegate election in this Detroit-based local union were mailed from a New York post office on February 8, 2006. No one from protestor Jackson's slate traveled to New York to observe the printing and mailing of ballots. On February 9, Jackson telephoned Marilin Falik, the Election Services Corporation representative assigned to this local union's election, to ask the number of ballots printed, mailed, and remaining after mailing. Falik was unable to answer these questions but promised to call back with the information within 2 days. She did not.
Jackson left a voicemessage on February 16 and again received no response to his query. This protest followed.
Bill Broberg of our staff contacted Election Services Corporation on February 28 and spoke with Sandy Tovin, an election administrator employed there. Broberg instructed her to send the information Jackson requested to all candidates and all slates. Broberg received electronic confirmation that day that the requested information had been sent.
On this basis, we deem this protest RESOLVED. In the future, we insist that Election Services Corporation respond promptly to simple inquiries such as that presented in this case; it should be unnecessary that a member must file a protest to obtain the information requested here.
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 131
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
J.D. Jackson
2741 Trumbull Ave.
Detroit, MI 48216
Kevin Moore, President
Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
Marilyn Falik
Election Services Corporation
990 Stewart Avenue, Suite 500
Garden City, NY 11530
mfalik@electionservicescorp.com
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
William C. "Bill" Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com