IN RE: JAMES LARSON, JR., Protestor.
Protest Decision 2011 ESD 99
Issued: February 5, 2011
OES Case No. P-095-012511-MW
James Larson, Jr., member of Local Union 320 and candidate for alternate delegate, 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 ballot design for the delegates and alternate delegates election unfairly disadvantaged his slate.
Findings of Fact and Analysis
Local Union 320 will elect 13 delegates and 4 alternate delegates to the IBT convention. Two full slates, a partial slate, and 2 independent candidates for delegate are competing in the election. Protestor Larson is a member of the partial slate, which is comprised of 4 candidates for alternate delegate and none for delegate.
The ballot consists of 4 columns, the first 3 reserved for slates and the fourth for the independent candidates. Slate placement on the ballot was determined by lottery. The Sue Mauren Local 320 Member Slate, a full slate of 13 delegate and 4 alternate delegate candidates, won first position. Larson's partial slate, the Local 320 Drivers slate, won the second column. The Anybody But Hoffa slate was awarded the third column.
Each of the first three columns is headed with a slate name and a box that can be marked indicating a vote for all candidates on that slate. Immediately beneath the slate name in the columns that contain full slates is the sub-heading "DELEGATES," followed by the delegate candidates on that slate. Each delegate candidate's name is preceded by a box that can be marked indicating a vote for that candidate. Following the last delegate candidate's name in the columns containing full slates is a second sub-heading "alternate delegates," beneath which are the candidates for alternate delegate on that slate.
The protestor's slate, comprised solely of alternate delegate candidates, has its slate name at the top of its column, in the same position as the names of the other slates appear in their columns. Because the protestor's slate has no delegate candidates, the sub-heading "DELEGATES" does not appear in its column. The sub-heading "alternate delegates" is printed at the same level in the column for the protestor's slate as it is in the columns listing full slates.
Protestor Larson argues that alternate delegates should be chosen separately from delegates, stating "[i]t is obviously unfair to have (4) alternate delegate candidates competing against (17) alternate/delegate candidates." The protest requests that the ballot be redesigned and instructions inserted so that a slate vote for either of the full slates will be counted as a vote for the delegate candidates on that slate only. Under his proposal, members seeking to vote for the alternate delegate candidates on any slate would be required to mark a slate box specific for alternate delegates.
Under Article VIII of the Rules, candidates for delegate and alternate delegate may choose to form a single slate. Article II, Section 10(b) states that the ballot shall be printed so that "[t]he names of all candidates of any slate shall be placed under the heading of the slate name or title as designated by the slate declaration form." Section 10(a) of the same article requires that the ballot instructions "state that by placing a mark in the slate box or circle, the voter will have voted for all the individual candidates on that slate." As this instruction makes clear, a vote in the slate box will be a vote for all candidates on the slate; where that slate includes both delegate and alternate delegate candidates, marking the slate box will cast a vote for all of them. A member is not compelled, however, to vote for a slate. A recipient of this ballot may vote for individual delegate or alternate delegate candidates, may vote for one of the full slates, or may vote for a combination of individual candidates and the partial slate.
While protestor Larson proposes what he terms a change in ballot design to elect slates of alternate delegates separately from slates of delegates, his design change would require a change in the Rules governing slate composition and ballot instructions. The time for making this proposal was during the comment period that preceded adoption of the Rules, not after nominations had closed in a local union delegates and alternate delegates election. 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, 1801 K Street, N.W., Suite 421 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
2011 ESD 99
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 Hall 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
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.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
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
James Larson, Jr.
1991 Oxford Street
St. Paul, MN 55113
jameselarsonjr@excite.com
Sue Mauren, Secretary-Treasurer
Teamsters Local Union 320
3001 University Avenue SE #500
Minneapolis, MN 55414
local320@teamsterslocal320.org
Wade Laszlo
5425 152nd Avenue
Ramsey, MN 55303-6115
steward320@msn.com
Joe F. Childers
Getty & Childers, PLLC
250 West Main Street, Suite 1900
Lexington, KY 40507
childerslaw@yahoo.com
William C. Broberg
1108 Fincastle Road
Lexington, KY 40502-1838
wcbroberg@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 J. Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com