Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JIMMY MEYER,                           )           Protest Decision 2016 ESD 194

                                                                        )           Issued: May 4, 2016

            Protestor.                                           )           OES Case No. P-238-032316-ME     

____________________________________)                                                                  

Jimmy Meyer, member of Local Union 100, 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 Sam Bucalo violated the Rules by learning the mailing dates of the campaign mailers for other candidates in the local union’s delegates and alternate delegates election.

            Election Supervisor representative Dan Walsh investigated this protest.

Findings of Fact and Analysis

Local Union 100 is entitled to election five delegates and two alternate delegates.  Three full slates and one unaffiliated delegate candidate competed for these positions.  The Teamsters United slate was led by protestor Bucalo; the Local 100 Teamsters First slate was comprised of the local union principal officer Dave Webster and was comprised of other officers and business agents; the No More Hoffa slate was a rank-and-file slate.

Each of the three slates mailed campaign literature to the local union membership.  Article VII, Section 7 requires the union to “honor requests for distribution of literature by any lawful class or type of mail or postage, including, to the extent permitted by postal regulations, utilization of any nonprofit organization bulk-rate permit … utilized by the Local Union.”  Local Union 100 established a written procedure for campaign mailings under this Rules provision, advising candidates that mailings were to be done by Reliable Letter & Bulk Mailing Service pursuant to written requests made by candidates to the local union secretary-treasurer at least five days in advance of the date desire for mailing. 

Ballot packages were scheduled for mailing on March 8, 2016.  Each slate chose to conduct a mailing, and followed the local union’s procedures to accomplish the mailing.  That is, each slate submitted a written request to the local union to conduct a mailing, each  specifying the desired mailing date.  Thus, the No More Hoffa slate requested on February 25 that its mailing be sent on March 2; Bucalo’s Teamsters United slate made written request on February 26 for a March 3 mailing; and the Teamsters First slate’s February 29 request asked that its mailing be sent on March 4.  Although the local union and the mail house performed their functions for each slate timely and without discrimination, Bucalo’s 16-page tabloid-style campaign mailer arrived substantially later at members’ homes than he expected, when compared with the oversize postcard mailings undertaken by the two competing slates.

Bucalo filed a protest over what he contended was the delayed delivery of his slate’s mailer.  We denied that protest in Bucalo, 2016 ESD 193 (May 4, 2016).

Meyer, a candidate for alternate delegate on the No More Hoffa slate, filed this protest, alleging that Bucalo abused his authority as local union secretary-treasurer and improperly gained access to the mailing dates for the campaign material of the slates competing against Bucalo’s slate.

We DENY this protest.  First, it does not allege a violation of the Rules.  Second, the local union procedure for processing candidates’ campaign mailings, a procedure authored by the local union executive board, most of whom are candidates on the Teamsters First slate, directed each candidate to make written request for campaign mailing to the local union secretary-treasurer, who is Bucalo, and specify in that request the date the candidate sought for mailing of his/her material.  Bucalo had the ministerial function of processing each such request; he can hardly be said to have abused his authority in learning of the date the No More Hoffa slate requested its campaign material to be mailed.  Finally, there is no evidence that Bucalo gained or exercised any advantage because he knew the dates the competing slates sought to mail their campaign materials.

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 194

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