Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: FRANK VILLA,                             )           Protest Decision 2016 ESD 216

                                                                        )           Issued: May 20, 2016

            Protestor.                                           )           OES Case No. P-234-032116-FW     

____________________________________)                                                                  

Frank Villa, member of Local Union 630, 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 alleged that the local union failed to post the notice of election results, as required by the Rules.

Local Union 630 conducted its tally of ballots on March 10, 2016.  Under Article II, Section 12(b), the local union was obliged to post on all union worksite bulletin boards a copy of the official election tally sheet within seven days of the date the tally of ballots was completed.   This protest was filed March 21, asserting the local union had failed to do so. 

Local union secretary-treasurer Lou Villalvazo submitted a signed declaration to OES averring that posting of the ballot tally certification was completed on April 1, 2016.  This posting was completed later than the time set forth in the Rules.

However, we find no prejudice resulted from the delayed posting and therefore deem this protest RESOLVED.

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 216

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