Protest Decisions

            John DePietro, member of Local Union 317, 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 a notice we ordered posted in Zajac (After Remand), 2011 ESD 324 (September 13, 2011), was partially covered up.

            Election Supervisor representative Maureen Geraghty investigated this protest.

Findings of Fact and Analysis

            In Zajac (After Remand), we ordered Local Union 317 to post a notice on the union’s worksite bulletin board at North Syracuse Central School District transportation building.  The notice included the following language: “This is an official notice of the IBT Election Supervisor and must remain posted through November 23, 2011.  It must not be defaced or covered up.”

            Protestor DePietro alleged that “the notice has been partially covered up, perhaps purposely so. Anyone looking at the document will not realize that the decision is from your office because the letterhead cannot be seen.”  He attached a photo of the notice to substantiate his allegation.

            The photo showed that the notice was affixed to the union bulletin board as required.  Posted higher on the board was another document, the bottom edge of which hung loosely over the top edge of the notice such that the OES office name, street address and telephone numbers were covered.  The full text of the notice was not obscured in any way, nor was the name and title of the Election Supervisor.  Further, the name, address and phone numbers of the OES also appear at the bottom of the notice, which was not covered.  Finally, the bulletin board was not glass-enclosed or otherwise covered, thus allowing any interested reader who sought to view the full OES letterhead to do so by lifting the loose bottom edge of the higher-posted document. 

            The purpose of remedial notices such as the one ordered in Zajac (After Remand) is to inform the membership of the Rules’ requirements and their rights under the Rules.  The notice as posted accomplishes that purpose, even though part of the letterhead is loosely covered.  Accordingly, we DENY this protest.

            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.