IN RE: CHERYL SCHMIT, Protestor
Protest Decision 2010 ESD 42
Issued: October 25, 2010
OES Case No. P-044-101910-GP
Cheryl Schmit, member of Local Union 631, 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 a copy of its proposed local union election plan when requested.
Election Supervisor representative Mary Ann Campbell 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); Huff, 2005 ESD 6 (August 18, 2005).
Here, protestor Schmit went to the local union hall on Friday, October 15, and requested a copy of the proposed local union plan. Her request was not granted, apparently because the local union had failed to print the plan for inspection and copying. This protest followed. The local union, seeking to resolve the protest, offered to mail the plan to Schmit by certified mail. However, this class of mail would require Schmit to be home to sign for the delivery; if she was not, she would have to retrieve the package at her local post office. Either alternative would require her to take time off work or suffer a substantial delay in receipt of the plan if she did not. Under these circumstances, our representative suggested that the business agent responsible for servicing Schmit's worksite deliver a copy of the plan to her during his weekly trip there. He did so on Wednesday, October 20.
With that action, we deem this protest RESOLVED.
However, we encourage each local union to take the steps necessary to insure that members seeking to inspect or obtain a copy of the proposed election plan are able to do so promptly. At a minimum, each local union must have available at its hall a printed copy of the complete plan for inspection or copying. Further, local union staff should be instructed that they are to comply with requests of members for the plan. Although a local union may ask that a requesting member acknowledge receipt of a copy of the plan by signing for it when the member is at the hall, the local union cannot unilaterally impose a signature requirement when mailing the plan to the member's home, as such a requirement will delay receipt of the plan unless the member happens to be at home at the time of postal service delivery. Procedures in the Rules should be implemented with the objective of fostering members' participation in the electoral process. Member participation in the local union delegate election starts with the proposed election plan. Local unions are to encourage such interest and not frustrate members' efforts to participate by failing to have the plan available or by imposing arbitrary signature requirements.
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 42
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
Cheryl Schmit
6070 Farm Road
Las Vegas, NV 89131
schmitcm@cox.net
John Phillipenas, Secretary-Treasurer
Teamsters Local Union 631
700 N. Lamb Blvd.
Las Vegas, NV 89110
cathye@teamsters631.com
Mary Ann Campbell
13859 State Road E.
DeSoto, MO 64020
scdennis@aol.com
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