Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: VERNON GAMMON,                   )           Protest Decision 2016 ESD 70

                                                                        )           Issued: January 16, 2016

            Protestor.                                           )           OES Case No. P-102-011316-SO     

____________________________________)

            Vernon Gammon, member and principal officer of Local Union 391, 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 the signature of Amos Williams on a slate declaration submitted to the local union was possibly forged.

            Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

            Amos Williams is a member of Local Union 391.  He was nominated for delegate in the local union’s delegates and alternate delegates election held January 9, 2016.  A slate declaration form containing the names and signatures of Williams and 17 other candidates for delegate and alternate delegate was submitted to the local union indicating that Williams is a member of The Horsemen of Local 391 slate. 

Protestor Gammon contends that Williams’s signature is possibly forged.  Gammon submitted several examples of Williams’s signature to our investigator, one of which is notarized.  Gammon urges that the signature exemplars differ in material respects from the purported signature of Williams that appears on the slate declaration.

Williams told our investigator that he personally signed the slate declaration form and intends to run as a member of the slate.

Article VIII of the Rules governs slate formation.  Section 1(b) states that “[t]o form a slate, there shall be mutual consent between and among all candidates running on the slate.  Such mutual consent shall be evidenced by the signing of a declaration by all members of the slate, giving the position that each candidate seeks and the name, if any, of the slate to be formed.” 

We find based on our review of all documents and Williams’s statement to our investigator that he signed the slate declaration form.  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 70 

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