Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TEAMSTERS UNITED,               )           Protest Decision 2016 ESD 233

                                                                        )           Issued: June 2, 2016

            Protestor.                                           )           OES Case No. P-194-022516-NE     

____________________________________)                                                                  

Teamsters United 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 a UPS supervisor provided campaign assistance in Local Union 251’s delegates and alternate delegates election to members of the Teamsters Strong slate, in violation of the Rules.

Election Supervisor representative Peter Marks investigated this protest.

Findings of Fact and Analysis

Local Union 251 is entitled to elect seven delegates and two alternate delegates to the IBT convention.  Two full slates – the Teamsters United and the Teamsters Strong slates – competed for these positions.  The tally conducted March 19, 2016, showed that all candidates on Teamsters United polled more votes than any candidate on Teamsters Strong. 

The protest alleged that on February 24, 2016, UPS manager Ed Ross approached campaigners for the Teamsters Strong slate who were campaigning in the parking lot of the UPS facility in Warwick, Rhode Island, and “accompanied and assisted” them while they were campaigning.

The UPS supervisor, Ross, told our investigator that on the date in question he was informed by personnel coming into work that one of his facility’s employees was in the parking lot.  The employee was on bereavement leave due to the death of his brother, and was not at work.  Ross said he went out to express his condolences to the employee and did not know people were campaigning.  He said he gave his greetings and condolences, was present in that employee’s group for three to five minutes doing so, and then walked away.  Ross said he saw another group nearby at the same time, comprised in part of local union business agents.  He walked over to say hello to them as well, was with that group briefly, and then returned inside the facility.  Ross denied campaigning or providing any campaign support or encouragement to either group, and there is no evidence that he did so.  On these facts, we find no impermissible employer support for a candidate and therefore no Rules violation.

Even were we to find a Rules violation, we would deny the protest.  We deferred decision on this protest for post-election consideration pursuant to Article XIII, Section 2(f)(2).  We may remedy violations found in post-election protests only where the conduct may have affected the results of the election.  Article XIII, Section 3(b).  As all candidates on protestor Teamsters United slate won the positions they sought, any alleged support of Ross for the Teamsters Strong slate did not affect the outcome of the election.

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 233

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