Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                          )           Protest Decision 2016 ESD 96

            HENRY KUBENA,                          )           Issued: January 31, 2016

                                                                        )           OES Case No. E-115-012016-SO

            Local Union AEF BMWE 1338.      )                      

____________________________________)

            Dennis Albers, member of AEF BMWE 1338, 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 Henry Kubena was not validly nominated for delegate to the IBT convention because his written nomination and written second did not include the last four digits of either member’s Social Security number.  

            Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

            This labor organization held its nominations meeting January 20, 2016 to nominate candidates for ten delegate and three alternate delegate positions to the IBT convention.  The meeting was held in Hendersonville, Tennessee.

            Henry Kubena faxed written nomination, second, and acceptance to the union on January 12, eight days before the nominations meeting.  He submitted written nominating and acceptance documents because he was unable to travel to the nominations meeting from his home in Texas.  The written acceptance included the last four digits of his Social Security number (“SSN4”), but the SSN4 was not listed on either the nomination or the second.

            Kubena’s nominating documents were presented at the nominations meeting.  A total of ten delegate candidates, including Kubena, were nominated for the ten delegate positions available.  In addition, a total of three alternate delegate candidates were nominated for the three alternate delegate positions available.  Accordingly, Kubena was deemed elected by the absence of opposition.

            The union prepared a nominations report that listed the names and SSN4 of all candidates, nominators and seconders.  The union staff member preparing the report obtained the SSN4s of Kubena’s nominator and seconder from records available to the union.

            This protest followed, alleging that because Kubena’s nominating documents lacked SSN4s, they were defective and Kubena was not validly nominated (or elected).

            Article II, Section 5(f) lays out the requirements of written nominations and seconds, viz.

Any member eligible to nominate or second a nomination may do so by a writing submitted to the Local Union Secretary-Treasurer.  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. The writing shall state whether it is a nomination or a second, the name of the member being nominated or seconded and whether the nomination or second is for delegate or alternate delegate.  It shall be signed by the member submitting the nomination or second and shall contain his/her Social Security number.  At the nomination meeting, the presiding Local Union officer shall announce and treat the written nomination or second as if it had been made from the floor of such meeting.

Kubena told our investigator that he included the SSN4 on his acceptance because he thought it was required (it is not; see Article II, Section 5(h)).  He did not include the SSN4s of his nominator and seconder because he thought it was not required.  When contacted, both the nominator and seconder stated they did not know they were required to include their SSN4; each readily provided it when asked.

In Kent, 2006 ESD 179 (April 12, 2006), we held that the omission of SSNs from nominating and seconding documents did not render the nomination invalid.  We wrote:

Article I of the Rules states that the Election Officer is charged with “the conduct of fair, honest, open and informed elections,” and has the authority “to take all necessary actions in supervising the election process to insure fair, honest, open and informed elections.” Measured against the scope of this authority, it cannot be said that it would serve the underlying purpose of the Rules or the Consent Decree if [the candidate] were to be barred from running for delegate.  While there is no question that the written nominations that were tendered should have included Social Security numbers, there is no indication of any attempt by the nominee or his supporters to undermine the nomination of delegates in Local Union 17.  See Slawson, 2001 EAD 81 (January 17, 2001).  In such a situation, a member otherwise properly entitled to stand as a candidate should not be disqualified.

In Kent, the member supplied the SSNs when the omission was brought to his attention.  Here, the union supplied the SSN4s from records available to it.

The nominator and seconder were ready and able to correct the technical defect promptly when contacted.  Thus, for the reasons identified in Kent, we will not disqualify Kubena under the circumstances presented here.  Accordingly, we DENY the 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 96 

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