IN RE: ERIC JENSEN, Protestor.
Protest Decision 2006 ESD 204
Issued: April 22, 2006
OES Case No. P-06-183-022706-MW
(See also Election Appeals Master decision 06 EAM 37)
Eric Jensen, a member of Local Union 320, 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 asserted that Sue Mauren, secretary-treasurer of the local union, sent a voicemail to the membership that constituted an official endorsement by the union of her slate, in violation of the Rules.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
Mauren, principal officer of the local union and head of the Mauren slate in Local Union 320's delegate and alternate delegate election, sent automated telephone calls to the local union's leadership that began as follows:
Hi. This is Sue Mauren from your union, Teamsters Local 320. This is a reminder that a ballot will be mailed to your home on February 27 for a union election. I'm asking you to vote for [the Mauren slate]
The protest alleged that Mauren's reference to "Teamsters Local 320" left the impression that the local union endorsed her slate.
Article VII, Section 12(b) of the Rules states:
An endorsement of a candidate may be made by a Union officer or employee, but solely in his/her individual capacity. The Union or a Local Union as such or the General Executive Board or an Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy.
Mauren's message did not violate this provision. She stated her name and listed the local union for identification purposes. She did not state or imply that she was calling in behalf of the local union or that the local union had endorsed her candidacy or that of her 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
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 204
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 E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Erik Jensen
4345 11th Avenue South
Minneapolis, MN 55407
Jense028@umn.edu
Susan Mauren, Secretary-Treasurer
Teamsters Local 320
3001 University Avenue SE #500
Minneapolis, MN 55414
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com