Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: CHRISTOPHER BUTLER,          )           Protest Decision 2016 ESD 236

                                                                        )           Issued: June 7, 2016

            Protestor.                                           )           OES Case No. P-196-022916-NE     

____________________________________)                                                                  

Christopher Butler, member of Local Union 653, 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 William Trask removed or caused the removal of Butler’s campaign literature from a bulletin board at Horizon Beverage, in violation of the Rules.

Election Supervisor representative Peter Marks investigated this protest.

Findings of Fact and Analysis

Local Union 653 is entitled to elect two delegates and two alternate delegates to the IBT convention.  At the nominations meeting held January 10, 2016, three candidates were nominated for the two delegate seats.  Candidates McElhinney, the local union’s principal officer, and William Trask, the local union president, formed a slate to compete against protestor Butler.  The two alternate delegate candidates on the McElhinney slate were deemed elected in the absence of opposition. 

            Investigation showed that a campaign flyer supporting protestor Butler was posted by an unknown person on the union bulletin board at Horizon Beverage on or about February 22, 2016.  On February 24, Trask visited the facility and met with an employer manager.  The manager told our investigator that he observed the campaign flyer on the union board and removed it, citing an employer rule prohibiting display of campaign material there that had been enforced during the recent local union officers election.  The steward employed at the facility confirmed the manager’s action in removing the flyer.  Trask denied action or input in removing the flyer.

            The Rules preserve the preexisting right of members to use employer and union bulletin boards for a campaign purpose.  Article VII, Section 12(d).  Enforcement of this right requires proof that the right to post existed.  Here, such proof is lacking.

            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 236

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