Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: KIMBERLY SCHULTZ,               )           Protest Decision 2016 ESD 229

                                                                        )           Issued: May 31, 2016

            Protestor.                                           )           OES Case No. P-285-051216-SO     

____________________________________)                      

Kimberly Schultz, member of Local Union 2011, 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 Local Union 2011 failed or refused to process members’ requests for duplicate ballots properly.

Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

In Schultz, 2016 ESD 156 (April 8, 2016), we found that delegate candidate William Walsh violated the Rules by promoting his slate’s campaign on a Facebook page that had been created by an IBT organizer for Local Union 2011 and that was still titled “IBT Teamsters Local 2011” at the time of the campaign posting, even though Walsh had taken the page over for personal use.  However, we held that the violation did not affect the results of the election.  Accordingly, we denied the protest.

Schultz appealed.  The Election Appeals Master affirmed our finding that the conduct violated the Rules but reversed our ultimate holding and concluded that the violation may have affected the outcome of the election.  Accordingly, the Election Appeals Master ordered that the Local Union 2011 delegates and alternate delegates election be rerun.  Schultz, 16 EAM 17 (April 25, 2016).

Ballots in the rerun election were mailed May 3, 2016.  The protest alleged that members who did not receive ballots as the result of this mailing and who phoned the local union office to request duplicate ballots either were not accorded prompt service or were not mailed duplicate ballots.

Investigation determined that Local Union 2011 established and maintained a procedure compliant with the Rules for receiving and filling requests for duplicate ballots.  This procedure included use of a form by local union staff to effectively and completely record the name, identifying information, mailing address, and phone number of persons making requests for duplicate ballots; a voicemail system to receive requests for duplicate ballots that included a voicemail announcement specifying the information needed; and an efficient process for filling the requests.  Following the filing of the protest, the local union amended the voicemail announcement to allow persons requesting duplicate ballots to bypass the general voicemail menu and proceed directly to the voice mailbox that handled duplicate ballot requests.

            On these facts, 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 229

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