IN RE: ANTHONY SGRILLO, Protestor.
Protest Decision 2011 ESD 189
Issued: March 28, 2011
OES Case Nos. P-208-030811-ME
Anthony Sgrillo, member of Local Union 107 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[1] alleged that the local union violated the rights of Gary Fabiano to observe "relabeling and remailing" of ballots returned as undeliverable.
Election Supervisor representative Bill Kane investigated this protest.
Findings of Fact and Analysis
Ballots in the delegates election at Local Union 107 were mailed on February 15 and counted on March 9, 2011. In Fabiano et al, 2011 ESD 176 (March 23, 2011), appeal pending, we decided protests that alleged denial of observer rights at the printing of ballots. In Taylor et al, 2011 ESD 177 (March 23, 2011), appeal pending, we decided protests that alleged that observer rights were denied and ballot security was compromised at the pickup of ballots returned as undeliverable. In Taylor et al, 2011 ESD 188 (March 28, 2011), we decided protests alleging that the local union violated the Rules by not sending ballots to members on withdrawal. We now turn to the allegation that the local union denied Fabiano's right to observe "relabeling and remailing" of ballots returned as undeliverable.
As detailed in 2011 ESD 177, Jackie Hopkins (assisted by Jack Haas) made near-daily trips to the post office beginning February 22 to retrieve ballot packages returned to sender as undeliverable. Fabiano was present to observe those pickups. He then followed Hopkins and Haas back to the union hall where he was permitted to visually inspect and make notes of the names and addresses on the ballot package labels.[2] Fabiano complained that he was not permitted to observe what happened with the returned ballot packages after he last saw them at the local union hall. Hopkins told our investigator that she relayed to the local union's business agents the names of the members whose ballots were returned and asked them to obtain updated addresses for those members. When she got the new addresses, she faxed them to the printer, who mailed new ballot packages to the members on the list.
Through March 4, the last date ballot packages were picked up from the post office before the vote count, 63 ballot packages were returned as undeliverable. Business agents obtained new addresses for 55 of these members. Hopkins faxed these names and addresses to Cheltenham Printing, which was responsible for preparing new ballot packages and mailing them. In addition to these 55 new addresses, Hopkins faxed the names and addresses of three members who requested new ballots because they had spoiled the ones they initially received. She also faxed the names and addresses of three members who had not received ballots because they were on withdrawal.
Investigation showed that 61 ballot packages were remailed by the printer. Contrary to Fabiano's assumption (and apparently Sgrillo's assumption as well), the ballot packages returned as undeliverable were not "relabeled and remailed." Instead, Hopkins stored them in a safe in the local union hall until the tally was conducted on March 9.
Fabiano maintained to our investigator that he requested that Hopkins permit him to observe the remailing. Hopkins told our investigator that Fabiano made no such request. We credit Hopkins.
The tally of ballots in the election showed the following:
Delegate
Shawn Dougherty 726
Ed Slater 722
William Hamilton 720
Ed Taylor 92
Anthony Sgrillo 69
Alternate Delegate
Ed Shaw 709
Jim Price 76
Mike Szarzynski 56
We find that Local Union 107 complied with the Rules with respect to observer rights for undeliverable ballot packages.
Accordingly, we DENY this protest.[3]
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 189
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
William Hamilton, President
Teamsters Local Union 107
2845 Southampton Road
Philadelphia, PA 19154
jazz61161@aol.com
Gary Fabiano
75 Stoneyford Road
Holland, PA 18966
fabianog4@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
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 Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com
[1] The balance of Sgrillo's protest in Case No. P-208-030811-ME alleged that that the local union violated the Rules by not mailing ballots to members on withdrawal. We severed that portion of his protest and decided it in Taylor et al, 2011 ESD 188 (March 28, 2011).
[2] Fabiano was not permitted to visually inspect the three ballot packages picked up on February 22 until the next day; thereafter, he was permitted to inspect each day's pickup on the same day it was picked up, immediately after the pickup at the local union hall.
[3] Although this protest was filed pre-election, we consider it in a post-election context pursuant to Article XIII, Section 2(f)(2). As we find no Rules violation, we need not consider whether the conduct complained of affected the outcome of the election. We note, however, that the margin between the lowest vote total for a winner and this highest vote total for a loser was more thant 10 times the number of remailed ballots.
