Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: RICHARD GODIN, JR.,               )           Protest Decision 2016 ESD 82

                                                                        )           Issued: January 25, 2016

            Protestor.                                           )           OES Case No. P-113-012016-CA     

____________________________________)

            Richard Godin, Jr., member and delegate candidate in Local Union 938, 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 notice of nominations meeting results was not posted at an employer facility as required by the Rules.

            Election Supervisor representative Jack Sullens investigated this protest.

Findings of Fact and Analysis

            Article II, Section 6(a) of the Rules requires a local union’s secretary-treasurer to post on all union worksite bulletin boards a list of all candidates nominated for delegate and alternate delegate.  The posting must be made “[a]s soon as possible but in no event later than five (5) days following the nomination meeting.” 

            Local Union 938 held its nominations meeting on Saturday, January 9, 2016.  On January 20, the protest was filed alleging that the required posting had not been made at the Purolator facility located on Morse Street in Toronto, Ontario.  The deadline for completing the posting under the Rules passed the previous week.

            After the protest was filed and acknowledged, the local union posted the required notice at the Purolator facility on January 20, 2016.

On this basis, we deem this protest RESOLVED.

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 82

DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):