Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF VICTOR JAMES,     )           Protest Decision 2016 ESD 145

                                                                                    )           Issued: March 15, 2016

            Local Union 745.                                           )           OES Case No. E-153-020716-SO     

__________________________________________)

            Henry Frank Cunningham, member 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 Vincent James, candidate for alternate delegate, was ineligible for nomination as alternate delegate.

            Election Supervisor representatives Dolores Hall, Patrick Dooner, and Jeffrey Ellison investigated this protest.

            Local Union 745 is entitled to elect five delegates and five alternate delegates.  The protest alleged that Vincent James, candidate for alternate delegate, is ineligible to hold office if elected.  James was elected alternate delegate at the tally of ballots held March 3, 2016.

            By email received March 15, 2016, James irrevocably resigned his alternate delegate position.  Accordingly, we conclude it is unnecessary to decide this case on its merits and deem this protest MOOT.  Based on James’s resignation, Local Union 745’s delegation to the IBT convention will be comprised of five delegates and four alternate delegates.

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 145

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