IN RE: TIM HILL, Protestor
Protest Decision 2010 ESD 40
Issued: October 14, 2010
OES Case No. P-042-101310-FW
Tim Hill, member of Local Union 690, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that the local union did not produce to the protestor a complete copy of the proposed local union election plan it had submitted to the Office of the Election Supervisor.
Election Supervisor representative Rochelle Goffe investigated this protest.
Findings of Fact and Analysis
Under Article II, Section 4 of the Rules, local unions conduct their delegates and alternate delegates elections in accordance with election plans approved by the Election Supervisor. Once the plan is submitted, local union members (and others specified by the rule) have the right to inspect and obtain a copy of the proposed plan from the local union, including worksite lists attached to it, at no cost. Article II, Section 4(c).
When Local Union 690 submitted its proposed local union election plan to the Election Supervisor, protestor Hill requested a copy of it. The plan produced to Hill did not include several attachments that had been submitted to the Election Supervisor. This protest followed.
After intervention by our representative, the local union has now mailed to Hill the complete plan, including worksite lists and bulletin board lists. Leal, 2010 ESD 39 (October 14, 2010); Alcazar, 2010 ESD 37 (October 13, 2010); Cook, 2010 ESD 34 (October 9, 2010); Evans, 2005 ESD 4 (August 12, 2005). This solution satisfies Hill's complaint. Accordingly, we deem the protest RESOLVED on this basis.
In discussion with our representative, Hill stated that the bylaws the local union submitted to our office were not current and that the publication Washington Teamster cannot be used for notice purposes because it is no longer published. We will treat these statements as comments on the submitted plan under Article II, Section 4(d) and advise Hill or another member to submit them in writing to us within 15 days, with a copy to the local union, as required by that provision. Leal, 2010 ESD 39 (October 14, 2010).
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
Suite 1000
885 Third Avenue
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, 1801 K Street, N.W., Suite421 L, Washington, D.C. 20006, 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
2010 ESD 40
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington,D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Keegel 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
Previant Goldberg
155 North River Center Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Tim Hill
6704 East Seve
Spokane, WA 99212
tdutim@gmail.com
Val Holstrom, Secretary-Treasurer
Teamsters Local Union 690
1912 No. Division St., Ste. 200
Spokane, WA 99207
vholstrom@teamsterslocal690.org
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
chrismrak@gmail.com
Rochelle Goffe
1234 22nd Avenue, E
Seattle, WA 98112
rochellegoffe@gmail.com
Michael J. Miller
1611 Granville Ave., #8
Los Angeles, CA 90025
miller.michael.j@verizon.net
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com