IN RE: DUANE TEWS, Protestor.
Protest Decision 2011 ESD 179
Issued: March 23, 2011
OES Case No. P-212-031011-FW
Duane Tews, member of Local Union 763 and candidate for 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, at a time when a previous protest filed by Tews was pending, Local Union 763 posted a notice of nominations meeting results on worksite bulletin boards that stated that delegates and alternate delegates had been elected without opposition.
In Tews, 2011 ESD 154 (March 7, 2011), we held that Tews was validly nominated for delegate. In reaching this conclusion, we reversed the decision reached at Local Union 763's nominations meeting that Tews' nomination had failed for lack of a second for the nomination. In concluding that Tews' nomination was valid, we directed the local union to post a new notice of nominations meeting results listing Tews as a candidate and advising members that an election would be conducted.
While Tews' protest was being investigated and before we issued our decision, the local union posted a notice of nominations meeting results that listed those members who had been nominated, their nominations seconded, and had accepted the nominations. The local union was required by Article II, Section 6 of the Rules to post the notice. Tews was not listed because no second for his nomination had been presented at the time of the nominations meeting. The notice stated that all nominated candidates had been elected without opposition because the number of nominated candidates did not exceed the number of positions open for election.
As the local union posted the original notice because the Rules required it to do so, we find no violation of the Rules and therefore DENY this protest. To the extent that the original notice gave members information that ultimately proved to be incorrect, the subsequent notice of election we ordered posted on all worksite bulletin boards corrected the previous notice and advised members that an election would be conducted.
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 179
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
Duane Tews
7210 122nd Ave., SE
Newcastle, WA 98056
duanetews62@clear.net
David Grage, Secretary-Treasurer
Teamsters Local Union 763
14675 Interurban Avenue S, Suite 305
Tukwila, WA 98168-4652
l.baker@teamsters763.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
Maria S. Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
mho@ibtvote.org
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