Protest Decisions

Craig Wood, member and elected delegate of Local Union 81, filed a pre-election protest pursuant to Article XIII, Section 2 of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Tom Strickland, secretary-treasurer of Local Union 81 and a non-voting delegate to the IBT convention, violated the Rules by failing to leave the convention floor during the nominations of candidates for International office.

            Election Supervisor representative Michael Miller investigated this protest.

Findings of Fact and Analysis

            Protestor Wood defeated Strickland for Local Union 81’s lone delegate seat.  Strickland nonetheless attended the convention as a non-voting delegate of Joint Council 37, of which Local Union 81 is a constituent member. 

            Nominations of candidates for International office took place on the mornings of the second, third and fourth days of the convention.  The Election Supervisor presided at each such session.  On the second day of the convention, he made preliminary remarks before opening the floor for nominations.  Among these remarks were the following instructions:

The IBT Constitution and the 2011 Convention Rules provide that only elected delegates accredited by the Election Supervisor can participate in the floor nomination process. All others should leave the convention floor, and I ask the sergeants-at-arms to assist in this process. We’ll take a couple of minutes to allow the unelected delegates or guests to leave the floor.

Similar instructions were given on the third and fourth days of the convention.[1]  These instructions were consistent with Rule 42 of the Convention Rules, viz.

Only delegates to whom credentials have been issued by the Election Supervisor may remain on the floor of the Convention during the floor nomination of International Union officers.  Delegates who have not been issued credentials must leave the floor prior to the commencement of floor nominations.  This means that International Union officers and Joint Council Delegates who have not been elected as delegates from their local unions and issued delegate credentials must leave the floor prior to the commencement of floor nominations.[2]

            Strickland was required by the Election Supervisor’s instructions from the podium and by Rule 42 to leave the convention floor when the nominations period commenced and to remain off the floor for its duration.  Investigation showed that on the second day of the convention – the first day on which nominations occurred – he remained on the convention floor during nominations, in violation of the Election Supervisor’s instructions and the convention rules.  During this period, he cheered candidates he favored and booed candidates he did not.

            On the third day of the convention – the second day on which nominations occurred – Strickland again remained on the convention floor as nominations commenced.  Protestor Wood summoned a sergeant-at-arms, advised him that Strickland was a non-voting delegate who was not entitled to be on the floor during nominations, and the sergeant-at-arms escorted Strickland from the floor.  He remained off the floor until nominations concluded.

            The fourth day of the convention, when candidates for General President and General Secretary-Treasurer were nominated, Strickland again remained on the convention floor, in violation of the Election Supervisor’s instructions, Rule 42 of the convention rules, and the sergeant-at-arms’ action of the previous day.  As he did previously, Strickland cheered the nominations of candidates he favored and booed those he did not.

            Strickland acknowledged to our investigator that he remained on the convention floor during nominations that occurred on the second and fourth days of the convention.  He said that the noise level was so high he did not hear the Election Supervisor’s instructions to leave the floor.[3]  We reject this explanation as not credible.  During the Election Supervisor’s remarks that preceded nominations each day, the assembled delegate body was quiet and the remarks could be heard easily and clearly.  We conclude that Strickland remained on the floor during nominations on the second and fourth days of the convention knowing that his presence was prohibited.  As such, it was a willful violation of the convention rules, as explained from the podium by the Election Supervisor.  By choosing protestor Wood to be their delegate, the membership of Local Union 81 determined that Strickland should not participate in the nominations process for International Union officers.  Therefore, he violated his membership’s mandate as well.

            Accordingly, we GRANT the protest.

Remedy

When the Election Supervisor determines that the Rules have been violated, he “may take whatever remedial action is deemed appropriate.” Article XIII, Section 4. In fashioning the appropriate remedy, the Election Supervisor views the nature and seriousness of the violation as well as its potential for interfering with the election process.

We order Strickland to cease and desist from further violations of the Rules.

We also order that the notice attached to this decision be posted on all worksite bulletin boards maintained by Local Union 81 within two days of issuance of this decision and that it remain posted until August 15, 2011.  During the posting period, the notice must not be removed, defaced or covered up.  The purpose of the notice is to inform the membership that Strickland violated the Rules and to deter further misconduct on his part.  Within two days of completing the posting, Strickland shall submit an affidavit to OES attesting that the posting has been completed.

            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, NY  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.