Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: CHRISTOPHER SCHWAB,         )           Protest Decision 2016 ESD 142

                                                                        )           Issued: March 15, 2016

            Protestor.                                           )           OES Case Nos. P-163-021216-NE    

____________________________________)                      

Christopher Schwab, member and delegate candidate in Local Union 264, 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 officers of Local Union 264 engaged in coercive conduct with respect to the delegates election during a general membership meeting of the local union. 

            Election Supervisor representative Peter Marks investigated this protest.

Findings of Fact and Analysis

            Local Union 264 is entitled to elect five delegates and three alternate delegates to the IBT convention.  At the nominations meeting held January 9, 2016, six candidates for delegate and three candidates for alternate delegate were nominated.  The alternate delegate candidates were deemed elected at the nominations meeting for lack of opposition.  An election was scheduled among the six delegate candidates for the five seats available.  Five of the six formed a slate; the remaining candidate, the protestor here, ran without affiliation.

            The protestor alleged that at the general membership meeting held Tuesday, February 2, 2016, two officials of the local union stated that the local union would incur a cost of approximately $15,000 associated with preparing, mailing, receiving, and tabulating the ballots to decide the contest among the six delegate candidates.  The protestor asserted that the statements made at the membership meeting were intended to coerce and embarrass him for his decision to run against the slate of delegate candidates.

            The protestor filed his protest on Friday, February 12, ten calendar days after the meeting.  Article XIII, Section 2(b) requires that protests be filed within two working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested.  Failure to do so constitutes waiver of the right to protest.

            The protestor was present at the membership meeting and heard the statements made.  His protest is untimely and will be dismissed on that basis.

            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 142

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