Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TEAMSTERS UNITED,                 )           Protest Decision 2016 ESD 94

                                                                        )           Issued: January 29, 2016

            Protestor.                                            )           OES Case No. P-130-012816-NE     

____________________________________)

            Teamsters United 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 written nominations and seconds made in Local Union 553’s delegates and alternate delegates election were improperly rejected as untimely submitted.

            Election Supervisor representative Peter Marks investigated this protest.

Findings of Fact and Analysis

Local Union 553 conducted its nominations meeting for the delegates and alternate delegates election on January 27, 2016, commencing at 7:00 p.m.  The meeting was chaired by Maralin Falik, a principal in Global Election Services (GES), the third-party election vendor Local Union 553 hired to administer the election. 

Written nominations, seconds, and acceptances of nomination were submitted to Local Union 553 on January 27, before 4:30 p.m., for the following members: Stephen Mohan for delegate, Michael Cinelli for delegate, Timothy Hoist for delegate, Mohamed Jaffar for delegate, José Otero for delegate, Jacob Jagroop for alternate delegate, and Marco Pesantez for alternate delegate.  These submissions were rejected by the nominations meeting chair as untimely filed.  The chair ruled that the documents were required to be delivered to the local union no later than 5:00 p.m. on January 26, 2016, the day before the nominations meeting.

GES prepared the proposed local union election plan.  In it, GES stated that the deadline for submitting written nominations and seconds was January 27, 2016, the same day as the nominations meeting.  The Election Supervisor approved the plan that contained this deadline.

GES also prepared the notice of nominations meeting that was posted on all union bulletin boards and mailed by first class mail to all members of the local union.  The notice stated that a “written nomination or second must … be submitted to the Local Union Secretary-Treasurer so as to be received no later than 4:30 PM on the January 27, 2016 before the nomination meeting.” (Emphasis in original.)

There is no dispute that the written nominations and seconds were received by the local union secretary-treasurer on January 27, 2016 before 4:30 p.m.

Article II, Section 5(f) states in relevant part that “[a] written nomination or second must be received by the Local Union Secretary-Treasurer no later than 5 p.m. of the day immediately prior to the day of the relevant nomination meeting (if the nomination meeting is scheduled to occur after 5 p.m., the written nomination or second must be received by the Local Union Secretary-Treasurer no later than 5 p.m. of the day of the meeting).”

Because Local Union 553 held its nominations meeting after 5 p.m. on January 27, 2016, the deadline for submission of written nominations and acceptances was 5 p.m. on January 27, the same day that the nominations meeting was held.

Accordingly, the written nominations and seconds were submitted timely, and the nominations meeting chair violated the Rules, the notice of nominations meeting, and the approved local union election plan by rejecting them.

We find that valid written nominations, written seconds, and written acceptances were timely submitted for the following individuals and we hold them validly nominated:

Delegates                               Alternate Delegates

                        Stephen Mohan                        Jacob Jagroop

                        Michael Cinelli                        Marco Pesantez

                        Timothy Hoist  

                        Mohamed Jaffar

                        José Otero                  

            We order Local Union 553 and GES to treat these candidates as validly nominated.  If a slate declaration is submitted for some or all of these candidates, we direct that a ballot placement lottery be conducted between the Demo Teamster Power Slate and any other slate(s) validly formed.  Further, we direct that a notice of nominations meeting results be posted on all union bulletin boards under the jurisdiction of the local union naming all the candidates nominated in the local union’s delegates and alternate delegates election, including those held validly nominated in this decision, and any slate affiliations for the candidates.  In addition, if any notices have been posted or distributed indicating that the candidates on the Demo Teamsters Power Slate have been elected as delegates and alternate delegates, we direct that such notices be removed or withdrawn and replaced with the notice of nominations meeting results we order here.  Finally, we direct the local union and GES to take all steps required to grant all validly nominated candidates the rights and benefits accorded that nomination as specified in the Rules.

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

            2016 ESD 94

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