Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ANDREW MARSHALL,              )           Protest Decision 2016 ESD 200

                                                                        )           Issued: May 5, 2016

            Protestor.                                           )           OES Case No. P-225-031716-GP     

____________________________________)                                                                  

Andrew Marshall, member of Local Union 104, 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 members of the Teamsters United AZ slate were permitted access to ballot packages returned as undeliverable, in violation of the Rules.

            Election Supervisor representative Mary Campbell investigated this protest.

Findings of Fact and Analysis

Local Union 104 is entitled to elect nine delegates and three alternate delegates.  Two full slates and two unaffiliated delegate candidates competed for these positions.  The Teamsters United AZ slate was led by Peter Sullivan; the Andy Marshall Unity slate was led by local union principal officer and protestor Andrew Marshall.

Marshall alleged that Teamsters United AZ obtained unauthorized access to ballot packages returned as undeliverable and notified members whose ballot packages had been returned to contact the local union to obtain duplicate ballot packages.  Marshall produced no evidence to support the allegation.

David Martinez, a delegate candidate on the Teamsters United AZ slate, told our investigator that the slate sent a campaign mailing to Local Union 104 members, using the mailing list supplied to it by accredited candidates on the Teamsters United slate of candidates for International office.  Such use of the list given to accredited candidates is permitted by Article VII, Section 3 of the Rules.  Some letters from that mailing were returned to sender as undeliverable.  Martinez posted these names and addresses on a private Facebook page that those members used, reasoning that if the mailing list supplied him by Teamsters United had incorrect addresses, it was likely the same members’ addresses on the local union list used for mailing ballots were also incorrect.  Martinez denied having access to ballot packages returned as undeliverable, and there is no evidence to the contrary.  Indeed, at the time the protest was filed, the post office box designated for return of ballots that were undeliverable had not been visited by the local union.

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 200

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