Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JEFF OLSEN,                                 )           Protest Decision 2016 ESD 202

                                                                        )           Issued: May 6, 2016

            Protestor.                                           )           OES Case No. P-154-020816-MW   

____________________________________)                                                                  

Jeff Olsen 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 Ron Dillon, a business agent for Local Union 710, threatened that the Indiana members of the local union would be transferred to Local Union 135 in Indianapolis if they did not support Dillon’s slate in the local union’s delegates and alternate delegates election.

            Election Supervisor representative Joe Childers investigated this protest.

Findings of Fact and Analysis

Local Union 710 is entitled to elect twenty delegates and eighteen alternate delegates.  Protester Olsen was a delegate candidate on the UPSers Stand UP and Be Heard slate.  His protest alleged that Ronald Dillon, a business agent at Local 710 and delegate candidate on the 710 Members First slate, intimidated the protester and Gary Decker, both of whom are stewards at the Elkhart, IN UPS facility, by stating that the IBT would move all of the Indiana members of Local Union 710 to Indianapolis-based Local Union 135 if they did not support the 710 Members First slate in the upcoming delegates election.  Dillon is the business agent responsible for the Elkhart UPS facility.  The protest claimed Dillon’s statement constituted intimidation prohibited by the Rules.  After filing the protest, Olsen clarified his allegation to state that Dillon said the IBT would likely move the members to Local Union 135 if an inexperienced slate was elected.

            The protest asserted that the threat took place “[b]efore we declared our candidacy for the Delegate election” and about three weeks before the January 10, 2016 nominations meeting.  Olsen said he did not take Dillon’s statement seriously until February 5, 2016, when a steward at the South Bend, Indiana UPS facility called him to report that the threat had been repeated there while Dillon and other members of the 710 Members First slate were campaigning.  The protest was filed on February 8, 2016.

            Dillon denied that he made any such threat.  He admitted a conversation with Olsen and Decker where Olsen asked him about transferring members of Local Union 710 to Local Union 135.  Dillon said the conversation occurred long before the Members First slate was formed.

Article XIII, Section 2(b) of Rules require that protests be filed within two (2) working days of the day the protester becomes aware of the violation. Here, Olsen became aware of the alleged threat in mid-December 2015 but did not file a protest until February 8, 2016.  

For this reason, we DENY this protest as untimely filed.

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 202

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