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Office of the Election Supervisor for the International Brotherhood of Teamsters

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

 

IN RE: KIMBERLY SCHULTZ,               )           Protest Decision 2016 ESD 184

                                                                        )           Issued: April 29, 2016

            Protestor.                                           )           OES Case No. P-146-020516-SO     

____________________________________)                      

Kimberly Schultz, member of Local Union 2011, 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 2011’s Facebook page was used for campaign purposes, in violation of the Rules

In Schultz, 2016 ESD 156 (April 8, 2016), we found that the conduct complained of violated the Rules.  However, we held that the violation did not affect the results of the election.  Accordingly, we denied the protest.

Schultz appealed.  The Election Appeals Master affirmed our finding that the conduct violated the Rules.  However, the Election Appeals Master reversed our holding the violation did not affect the results of the election, concluding to the contrary that it may have affected the results.  Accordingly, the Election Appeals Master has ordered that the Local Union 2011 delegates and alternate delegates election be rerun.  Schultz, 16 EAM 17 (April 25, 2016).

To implement the decision of the Election Appeals Master, we order the following:

  1. The previous election results in Local Union 2011 delegates and alternate delegates election are voided.
  2. Ballots for the rerun election will be mailed Tuesday, May 3, 2016 and counted Friday, May 27, 2016.
  3. The notice of election to be included in ballot packages will indicate that it is a rerun election.  It further will state: “The results of the LU 2011 delegate election were voided as the result of an ‎election protest. This is an OES supervised rerun of the delegate election.”
  4. Local Union 2011 has an email list comprising a substantial number of its members, and it uses that list to transmit messages to the membership.  Local Union 2011 is ordered to transmit the notice attached to this decision to the email addresses for its members no later than Monday, May 2, 2016.  This notice distribution is strictly remedial in nature and is intended to correct the Rules violation previously found, educate the members as to the requirements of the Rules, and inform them that the election will be rerun and the previous election results voided.  The subject line of the email shall read: “Rerun of Local Union 2011 delegates election.”
  5. Local Union 2011 maintains a website and a Facebook page.  Local Union 2011 is ordered to post the notice attached to this decision on its website and Facebook page no later than Monday, May 2, 2016. The posting shall remain on the website through and including May 27, 2016.
  6. William Walsh is ordered to cease and desist from further Rules violations.

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, 34th 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 17th 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 184

DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):

 


Bradley T. Raymond, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001

braymond@teamster.org

David J. Hoffa

1701 K Street NW, Ste 350

Washington DC 20036

hoffadav@hotmail.com

Ken Paff

Teamsters for a Democratic Union

P.O. Box 10128

Detroit, MI 48210-0128

ken@tdu.org

Barbara Harvey

1394 E. Jefferson Avenue

Detroit, MI 48207

blmharvey@sbcglobal.net

Teamsters United

315 Flatbush Avenue, #501

Brooklyn, NY 11217

info@teamstersunited.org

Louie Nikolaidis

350 West 31st Street, Suite 40

New York, NY 10001

lnikolaidis@lcnlaw.com

Julian Gonzalez

350 West 31st Street, Suite 40

New York, NY 10001

jgonzalez@lcnlaw.com

David O’Brien Suetholz

515 Park Avenue

Louisville, KY 45202

dave@unionsidelawyers.com

Fred Zuckerman

P.O. Box 9493

Louisville, KY 40209

fredzuckerman@aol.com


Kimberly Schultz

18360 NE 22 Avenue

N. Miami Beach, FL 33160

schultzlegal@gmail.com

Les Cantrell

Lcantrell2011@aol.com

Ken Wood

Bill Walsh

ibtlocal2011@aol.com

Dolores Hall

1000 Belmont Pl

Metairie, LA

dhall@ibtvote.org

Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104

EllisonEsq@aol.com



Office of the Election Supervisor

for the International Brotherhood of Teamsters

1050 17th Street, N.W., Suite 375

Washington, D.C.  20036

202-429-8683

844-428-8683 Toll Free

202-774-5526 Facsimile

ElectionSupervisor@ibtvote.org

www.ibtvote.org

Richard W. Mark

Election Supervisor

 

NOTICE TO MEMBERS OF TEAMSTERS LOCAL UNION 2011

 

Local Union 2011 has been ordered to rerun its delegates and alternate delegates election because of an Election Rules violation that may have affected the results of the previous election.  The Election Supervisor found that William Walsh, a candidate on the Teamsters Strong slate, violated the Election Rules by communicating to members, through a Facebook page that had been associated with the local union, that Local Union 2011 endorsed Walsh and the Teamsters Strong candidates when the local union did not and could not do so under the Election Rules.

Local Union 2011 is required by the Election Rules to remain neutral in the election.  No candidate may accept an endorsement of his candidacy by a local union, and no candidate may report that an endorsement has been made by a local union when it has not.

The Election Supervisor will not permit any such violations of the Election Rules.  Because of the violations, the Election Appeals Master has ordered Local Union 2011 to rerun its delegates and alternate delegates election.

Ballots for the rerun election will be mailed to members on Tuesday, May 3, 2016 and will be counted on Friday, May 27, 2016.

The election results in the previous delegates and alternate delegates election have been voided.

The Election Supervisor has issued this decision in Schultz, 2016 ESD 156 (April 8, 2016), aff’d in part, rev’d in part, 16 EAM 17 (April 25, 2016. You may read the Election Supervisor’s decision at https://www.ibtvote.org/Protest-Decisions/esd2015/2016esd166 and the Election Appeals Master’s decision at https://www.ibtvote.org/Protest-Decisions/eam2015/2016EAM017.

            Any protest you have regarding your rights under the Rules or any conduct by any person or entity that violates the Rules should be filed with Richard W. Mark, 1050 17th Street, N.W., Suite 375, Washington, D.C. 20036, telephone: 844-428-8683, fax: 202-774-5526,

email: electionsupervisor@ibtvote.org.

This is an official notice prepared and approved by Richard W. Mark,

Election Supervisor for the International Brotherhood of Teamsters.