IN RE: ED CINTRON and STEVE MARKEE, Protestors.
Protest Decision 2006 ESD 181
Issued: April 18, 2006
OES Case Nos. P-06-212-031306-ME, and P-06-225-031306-ME
Ed Cintron and Steve Markee, members and delegate candidates of Local Union 830, filed separate pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The substantially identical protests alleged that the protestors were denied observer rights at the printing and mailing of ballots in the delegate and alternate delegate election and that the local union's election monitor should be disqualified because of a close personal relationship with the officers of Local Union 830. We have consolidated these protests for decision.
Election Supervisor representative Bill Kane investigated this protest.
Findings of Fact
At Local Union 830's delegate nominations meeting held February 5, 2006, the protestors were nominated as were Paul Fricker and Joseph Toner. The protesters, Fricker and Toner ran together on the Rank and File slate.
A candidates' meeting chaired by election monitor Thomas Brown immediately followed the nominations meeting. Protestor Cintron states that he asked at that meeting to be allowed to observe the preparation and mailing of the ballots, but that Brown failed to provide any information regarding who would print and assemble the ballot packages, or when or where they would be mailed. Protestor Markee told our investigator that the date, time and place of ballot printing and mailing "may" have been discussed during the candidates' meeting.
Brown contends that the date, time and location of ballot printing and mailing were announced at the candidates' meeting. In addition, he stated at the meeting that all candidates could have observers present at all phases of the election process including the preparation and mailing of the ballots; however, he recommended that each slate assign a slate member to be the coordinator of observers for that slate. Fricker was identified as the slate contact person for the Rank and File slate to which the protestors belonged.
According to Fricker, the candidates' meeting was "thorough and professional." He told our investigator that it was "probable" that the date, time and place of ballot printing and mailing details were announced.
On February 22, Fricker signed an observer rights information form detailing the ballot printing and mailing data. By letter dated March 6, he identified Joe Brock, Jr. as the slate observer. However, because of a scheduling conflict, Brock was not present on March 7 when ballots were printed and mailed, although the process was delayed in anticipation of his arrival.
Investigation showed that the members of the Rank and File slate of which the protestors were members did not know each other well; communication within the slate was consequently poor.
Protest No. P-06-212-031306-ME also alleged that Brown has a personal relationship with the incumbent officers of Local Union 830. Although Cintron had no firsthand knowledge of such a relationship, he stated that he had heard that Brown had dinner with incumbent local union officers on many occasions. Cintron expressed his concern about Brown running a fair election.
Brown denied Cintron's charge, and our investigation found no additional evidence to substantiate it.
Analysis
Article II, Section 14 of the Rules states that "[e]ach candidate and each slate of candidates may observe the nomination and election process in accordance with Article IX of the Rules." Article IX, Section 1(a) of the Rules provides that "[e]ach candidate for the position of Convention delegate or alternate delegate and each slate of candidates for such position(s) shall have the right, at his/her/its expense, to have at least one (1) observer present at each and every phase of the process for nominating candidates for such position. Each candidate nominated for such position and each slate of candidates nominated for such position(s) shall have the right, at his/her/its expense, to have at least one (1) observer present at each and every phase of the election process. Such observer shall be a candidate or a member of good standing of the Local Union. For the purpose of observing the printing of ballots, preparation of ballot packages and/or mailing of ballots from a centralized location, a nominated candidate or slate of such candidates may authorize in writing any member of the Union in good standing to serve as his/her/its observer, whether or not the person is a member of the Local Union."
Fricker, the Rank and File slate's coordinator, knew the details of the printing and mailing of ballots and assigned observer duties to a member who was unable to attend. On these facts, nothing indicates that Brown or the local union violated the Rules.
Further, our investigation revealed nothing that shows that Brown has a personal relationship with the officers of the local union that jeopardizes the election process.
Accordingly, we DENY these protests.
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 181
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
Daniel Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, #2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Ed Cintron
4037 Tudor Street
Philadelphia, PA 19136
Email: edcintronibt@yahoo.com
Steve Markee
3283 Dale Road
Bensalem, PA 19020
Email: Markeean@comcast.net
Daniel Grace, Secretary-Treasurer
Local Union 830
12298 Townsend Road
Philadelphia, PA 19154
Thomas Brown, Election Monitor
c/o Local Union 830
12298 Townsend Road
Philadelphia, PA 19154
Bill Kane
242 Old Haymaker Road
Monroeville, PA 15146
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com