Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: SAM BUCALO,                              )           Protest Decision 2016 ESD 196

                                                                        )           Issued: May 4, 2016

            Protestor.                                           )           OES Case No. P-252-040716-ME     

____________________________________)                                                                  

Sam Bucalo, member and secretary-treasurer of Local Union 100, filed a post-election protest pursuant to Article XIII, Section 3(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest asserted that the conduct Bucalo previously protested in several pre-election protests caused his slate to lose the delegates and alternate delegates election.

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.

At the tally of ballots conducted April 5, 2016, all candidates on the Teamsters First slate received more votes than any other candidate.  All candidates on Bucalo’s Teamsters United slate were unsuccessful.

On April 7, 2016, two days after the tally of ballots was completed, Bucalo filed this post-election protest.  Post-election protests concern election day or post-election day conduct.

None of the conduct alleged in Bucalo’s post-election protest occurred on or after election day, the date ballots were tallied in Local Union 100’s delegates and alternate delegates election.

All of the conduct previously protested by Bucalo or members of his slate was investigated, considered, and decided in the following seventeen decisions: Bucalo, 2015 ESD 26 (August 28, 2015); Bucalo, 2015 ESD 29 (August 28, 2015); Bucalo, 2015 ESD 35 (October 1, 2015); Bucalo, 2015 ESD 42 (October 19, 2015), aff’d, 15 EAM 2 (November 16, 2015); Bucalo, 2015 ESD 43 (October 19, 2015), aff’d, 16 EAM 3 (November 16, 2015); Bucalo, 2015 ESD 44 (October 27, 2015); Grone, 2015 ESD 60 (December 17, 2015), aff’d, 16 EAM 6 (January 13, 2016); Eligibility of Normand, 2016 ESD 100 (February 3, 2016), aff’d, 16 EAM 8 (February 6, 2016); Bucalo, 2016 ESD 105 (February 10, 2016); Bucalo, 2016 ESD 185 (May 4, 2016); Bucalo, 2016 ESD 186 (May 4, 2016); Matthews, 2016 ESD 187 (May 4, 2016); Bucalo, 2016 ESD 188 (May 4, 2016); Bucalo, 2016 ESD 189 (May 4, 2016); Bucalo, 2016 ESD 190 (May 4, 2016); Bucalo, 2016 ESD 191 (May 4, 2016); and Bucalo, 2016 ESD 192 (May 4, 2016).

Accordingly, we DENY this protest.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within three (3) 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 196

DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):