IN RE: ANTHONY SGRILLO, Protestor.
Protest Decision 2011 ESD 101
Issued: February 7, 2011
OES Case No. P-086-011811-ME
Anthony Sgrillo, member of Local Union 107, 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"). In Sgrillo, 2011 ESD 94 (January 30, 2011), we granted the portion of the protest that concerned the ballot placement lottery for slates and ordered that a new lottery be held. We reserved decision on the balance of Sgrillo's protest, which alleged that TLB Solutions, Inc. should be replaced as the administrator of the local union's delegates and alternate delegates election.
Election Supervisor representative Deborah Schaaf investigated the remaining allegation of this protest.
Findings of Fact and Analysis
Local Union 107 retained TLB Solutions to conduct its delegates and alternate delegates election. TLB's representative, Karen Matchett, conducted the nominations meeting on January 16, 2011.
Protestor Sgrillo alleged that TLB Solutions is owned by Thomas L. Brown, who Sgrillo stated is "close" to the local union leadership. Sgrillo offered no evidence of prejudicial bias on the part of TLB, and we have found none. TLB was listed in the proposed local union election plan for Local Union 107, and we received no comments or objections questioning the integrity or ability of TLB to conduct all facets of the election in an impartial manner.
Although we found that the ballot placement lottery conducted by TLB's Matchett was invalid because candidates were not afforded the opportunity to inspect the lottery slips and the receptacle from which they were drawn, we expressly made "no finding that the lottery conducted January 16 was fixed, rigged or predetermined to decide its outcome."
The second lottery we ordered in Sgrillo has been conducted. Protestor Sgrillo reported to us that he was satisfied that it was carried out in accordance with the Rules.
Sgrillo and all other candidates (or their designated observers) retain the right to observe all critical events of the election process; they and all other members of the local union retain the right to protest alleged violations of the Rules.
Accordingly, we DENY the protest's remaining allegation.
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 101
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
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
William Hamilton, President
Teamsters Local Union 107
2845 Southampton Road
Philadelphia, PA 19154
jazz61161@aol.com
Anthony Sgrillo
33 Highland Drive
Telford, PA 18969
sgrillos@verizon.net
Edwin Taylor
378 Cutler Avenue
Maple Shade, NJ 08052
teamstered@comcast.net
Karen Matchett
TLB Solutions
7331 Greystone Street
Lakewood Ranch, FL 34202
Deborah Schaaf
1118 Coddington Road
Ithaca, NY 14850
debschaaf33@gmail.com
Denise Ventura
949 Old Hickory Road
Pittsburgh, PA 15243
dmventura@verizon.net
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey J. Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com