IN RE: THOMAS M. BOOTH, Protestor.
Protest Decision 2006 ESD 219
Issued: May 1, 2006
OES Case No. P-06-165-022206-FW
Thomas M. Booth, a member and delegate candidate from Local Union 896, 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 a printing error caused numerous ballots to be returned to members rather than delivered to the post office box designated for voted ballots.
Election Supervisor representative Michael Four investigated this protest.
Findings of Fact and Analysis
The protest alleged many of the ballots marked and mailed by members of Local Union 896 were "returned to sender" due to a printing error on the outer envelope. The protestor estimated that at least 10 to 20 percent of the ballots were not properly processed.
The local union contracted with the American Arbitration Association to conduct its delegate and alternate delegate election. AAA hired a printer to prepare and mail ballot packages to members. Our investigation revealed that the printer prepared and mailed out ballot packages without a post office bar code on the envelope and with material printed on the back of the return envelope that prevented the post office from properly processing and delivering envelopes to the post office box designated for voted ballots. As a result, many envelopes containing voted ballots were returned to voters.
To insure that the U.S. Postal Service could properly return voted ballots for counting, the Election Supervisor ordered a complete new mailing of ballot packages to all members, with proper bar-coding printed on the outer envelope. In addition, the ballot tally was rescheduled from March 2 to March 24, 2006, to provide sufficient time for the new mailing of ballots to be received by members, voted, and returned by mail to the designated post office box.
Both the protestor and the local union were advised of this remedy; neither objected.
Accordingly, we deem this protest RESOLVED.
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. 20006-1416, 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 219
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
Thomas M. Booth
22115 Michale Street
West Hills, CA 91304
TBooth032@aol.com
Rene Medrano, Secretary-Treasurer
IBT Local Union 896
3303 Wilshire Drive, Suite 300
Los Angeles, CA 90010
Michael Four
Schwartz, Steinsapir, et al
6300 Wilshire Blvd., Ste. 200
Los Angeles, CA 90048
mdf@ssdslaw.com
Christine Mrak, Esq.
2357 Hobart Avenue, SW
Seattle, WA 98116
cmm@wmblaw.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com