Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: DEBRA HADDOCK,                     )           Protest Decision 2016 ESD 76

                                                                        )           Issued: January 19, 2016

            Protestor.                                           )           OES Case No. P-086-011116-SO     

____________________________________)

            Debra Haddock, member and officer of Local Union 745, 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 nomination documents Mario Leyva faxed to the local union are invalid under the Rules.  The protest further alleged that Leyva’s use of the fax may have constituted an impermissible employer contribution, in violation of the Rules.

            Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

            Mario Leyva is a member of Local Union 745.  On January 8, 2016, he sent a 12-page fax of nomination documents to Local Union 745.  The fax had no identifying information on the header indicating the name and fax number of the originating fax machine.

            Faxed nominations, seconds, and acceptances are acceptable under the Rules.  See, e.g., Youngermann &Goebel, 2011 ESD 158 (March 7, 2011).

            With respect to the allegation that the use of the fax machine was an employer contribution, Leyva refuted the claim by producing to our investigator a fax receipt from a UPS Store in El Paso, TX, where he paid to have the materials faxed. 

Finding no Rules violation, 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 76

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