Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: KEVIN BARRY,                              )           Protest Decision 2016 ESD 336

                                                                        )           Issued: December 2, 2016

            Protestor.                                            )           OES Case No. P-402-102516-NE     

____________________________________)                      

Kevin Barry, member of Local Union 25, 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 an employee at Barry’s workplace violated the Rules by asking him whether he needed assistance filling out his ballot in the International officers election.

            Election Supervisor representative Peter Marks investigated this protest.

Findings of Fact and Analysis

Barry’s protest, filed October 25, 2016, alleged that “on the morning of Oct 14, 2016,” a co-worker approached him and asked if he “needed help in filling” out his ballot.  Barry replied that he did not need such assistance. 

Barry asserted the question put to him was a violation of his right to a secret ballot.  He sent a text to our representative on October 14 to report the conduct and filed his protest eleven days later. 

Article IV, Section 12 of the Rules prohibits interference with voting, viz.

No person or entity shall limit or interfere with the right of any IBT member to vote, including, but not necessarily limited to, the right independently to determine how to cast his/her vote, the right to mark his/her vote in secret and the right to mail the ballot himself/herself.  No person or entity may encourage or require an IBT member to mark his/her ballot in the presence of another person or to give his/her ballot to any person or entity for marking or mailing.

We have found this provision violated where a member asks for and receives from another member that member’s ballot.  Long, 2006 ESD 82 (February 13, 2006); Berg, 2006 ESD 278 (May 30, 2006), aff’d, 06 EAM 46 (June 20, 2006); and Pope, 2006 ESD 316 (June 30, 2006).  We have also found it violated where a member agrees to accept a ballot from another for the purpose of mailing, even where the member receiving the ballot did not request it.  Teamsters United, 2016 ESD 165 (April 8, 2016); Hoffa-Hall 2016, 2016 ESD 325 (November 3, 2016).  The conduct Barry complained of here is neither of these nor other conduct prohibited by the Rules provision.  The conduct Barry described in the protest did not in any way “interfere” with Barry’s right to vote in secret and as he saw fit.  In any event, Barry refused the offer of assistance.

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:

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 336

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