IN RE: MATTHEW WEBBY, Protestor.
Protest Decision 2006 ESD 374
Issued: October 17, 2006
OES Case No. P-06-351-101206-FW
Matthew Webby, a member of Local Union 174, filed a pre-election protest on 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 several UPS employees were not allowed to wear campaign paraphernalia, in violation of the Rules.
Election Supervisor representative Steven Newmark investigated this protest.
Findings of Fact and Analysis
The protestor alleged that UPS supervisors prohibited employees from wearing t-shirts supporting Rick Hicks' campaign for local union office.
The subject matter of the protest is beyond our authority to address. Article I of the Rules reads in relevant part: "Pursuant to Article III, Section 5(a)(2) of the IBT Constitution and the GEB's resolution of May 6, 2005 and the 2006 Election Agreement, the Election Supervisor has the authority to conduct and supervise the election of delegates to the International Convention, the nomination of candidates for International office at the Convention and the election of International officers. The authority of the Election Supervisor shall include the authority to supervise all phases of the International Union delegate and officer elections and to hear and determine, with the Election Appeals Master, any protests and appeals concerning the elections and, where necessary, conduct, overturn or rerun any phase of the elections. The Election Supervisor is authorized and obligated to certify election results." (emphasis supplied). The Election Supervisor has no authority over local union elections.
We reject the argument that this protest is related to the International officer election because Hicks is running for local union office against Dan Scott, who also is seeking election as International at-large vice-president. We do not recognize the connection the protestor claims. This protest specifically concerns individuals who were campaigning for Rick Hicks for local union office, an election over which we have no authority.
Accordingly, we DENY the 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. 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 374
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
David J. Hoffa
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
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Matthew Webby
29744 4th Avenue South
Federal Way, WA 98003
Dan Scott, Secretary-Treasurer
IBT Local Union 174
14675 Interurban Avenue S., Suite 303
Tukwila, WA 98168-4652
David E. Macellari
2118 North 146th Street
Shoreline, WA 98133-6706
Phone: 206-363-1343
E-Mail: Copperdoor@msn.com
UPS Tukwilla Facility
550 Andover Park West
Tukwila, WA 98188-3320
Steven R. Newmark, Esq.
Office of the Election Supervisor
1725 K Street, NW, Suite 1400
Washington, DC 20006
snewmark@ibtvote.org
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com