Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: RON BEARD,                                 )           Protest Decision 2015 ESD 59

                                                                        )           Issued: December 8, 2015

            Protestor.                                           )           OES Case No. P-072-112515-SO     

____________________________________)

            Ron Beard, a member of Local Union 767, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Local Union 767 failed to post its approved local union delegate and alternate delegate election plan summary on all union worksite bulletin boards, in violation of the Rules.

            Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

            Under Article II of the Rules, each local union must develop a plan for election of its delegates and alternate delegates, to be approved by the Election Supervisor.  After review and approval, the Election Supervisor prepares a written Plan Summary of the local union’s election plan, delineating all relevant information, which the local union must then post on all union hall and union worksite bulletin boards under its jurisdiction.  The local union must complete posting the Plan Summary within seven days of receipt of it from the Office of the Election Supervisor and must maintain that posting throughout the delegate nomination and election period.  Article II, Section 4(h).

            The protest here alleged that Local Union 767 failed either to post or to maintain the posting of the Plan Summary on the union bulletin board adjacent to where package car drivers enter and exit the UPS Independence hub in Fort Worth, Texas.  Investigation found that Plan Summary was posted on that board as required by the Rules.  However, the steward responsible for that board subsequently and inadvertently removed the Plan Summary when removing notices associated with the local union officers election, which had just concluded.  The steward acknowledged his error in removing the summary.  When the protest was filed, the local union took prompt action to have the Plan Summary reposted on that board, which was accomplished by December 4, 2015.

            The Rules require posting of the Plan Summary, along with other notices, to inform the membership of the details of the coming delegates and alternate delegates election and allow those interested in seeking nomination the opportunity to build support, to recruit other candidates as well as nominators and seconders, and to plan campaign strategy.  In this way, the notices the Rules require promote “fair, honest, open, and informed” elections.  Article I.

            Here, we find the Plan Summary was removed from a single union board (one of 54 boards at 21 Local Union 767 worksites) through inadvertence and was promptly restored after the protest was filed but before the protest decision issued.  We find no evidence that the period during which the notice was not posted on this single board resulted in any disadvantage to potential candidates.  King, 2005 ESD 42 (December 28, 2005).  Accordingly, we deem this protest RESOLVED with the reposting of the Plan Summary and order no further remedy.

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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2015 ESD 59 

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