Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JEFFERY SCAGLIA,                   )           Protest Decision 2016 ESD 131

                                                                        )           Issued: February 29, 2016

            Protestor.                                           )           OES Case No. P-143-020416-NE     

____________________________________)

            Jeffery Scaglia and a candidate for convention delegate, member of Local Union 118, 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 Local Union 118 Secretary-Treasurer Christopher Toole violated the Rules on February 3, 2016 by making statements from the podium during a general membership meeting that constituted campaigning during the meeting.  Specifically, the protest asserted that Toole criticized our decision in Toole, 2016 ESD 92 (January 29, 2016), which denied Toole’s protest claiming that Scaglia and Gary Rindfleisch received an impermissible employer contribution to support their candidacies.

            We deferred making a determination on this protest until after the local union delegates and alternate delegates election pursuant to Article XIII, Section 2(f)(2).  Protests deferred for post-election decision generally are considered and remedied only “if the alleged violation may have affected the outcome of the election.”  Article XIII, Section 3(b).

            Local Union 118 is entitled to elect five delegates and two alternate delegates to the IBT convention.  The tally of ballots was conducted Saturday, February 27, 2016.  The result of the tally is as follows[1]:

            Given that Scaglia and Rindfleisch were elected delegate and Toole was not, the conduct that was the subject of the protest, even if shown to violate the Rules, did not affect the results of the election from Scaglia’s perspective.

            Accordingly, we DISMISS this protest as MOOT.

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 131

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