IN RE: GARY FABIANO, Protestor.
Protest Decision 2011 ESD 190
Issued: March 28, 2011
OES Case Nos. P-181-022811-ME
Gary Fabiano, 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"). The protest alleged that the U.S. Postal Service interfered with Fabiano's right to observe the pickup of ballot packages returned as undeliverable.
Election Supervisor representative Denise Ventura 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 previous decisions, we have addressed issues concerning observer rights.[1] In this protest, Fabiano alleged that when at the post office on February 28 to observe the pickup of undeliverables he was confronted by postal inspectors who told him he was trespassing because he was not a P.O. box holder and had no right to be there.
Fabiano contacted OES representative Ventura, who in turn contacted the postal service to explain that Fabiano was present as an observer of an election. This information apparently satisfied the postal service, and Fabiano was able to observe the pickup of undeliverables on subsequent dates without threat of confrontation, citation, or arrest.
On this basis, we deem this protest RESOLVED.
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 186
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] 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 Sgillo, 2011 ESD 189 (March 28, 2011), we decided a protest that alleged denial of observer rights for "relabeling and remailing" of ballot packages returned as undeliverable.
