Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JEFFERY SCAGLIA,                   )           Protest Decision 2016 ESD 316

                                                                        )           Issued: October 26, 2016

            Protestor.                                           )           OES Case Nos. P-358-083116-NE,   

____________________________________)           P-359-090116-NE & P-360-090116-NE       

Jeffery Scaglia, member of Local Union 118, filed three pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  Each protest alleged that the notice Local Union 118 was required to post on all union worksite bulletin boards pursuant to our decision in Scaglia & Camelio, 2016 ESD 280 (August 12, 2016) was not posted timely on various union worksite bulletin boards.  Protest P-358-083116-NE alleged the notice was not posted at the Regional Transit Service garage bulletin board at 1372 E. Main Street, Rochester, NY.  Protest P-359-090116-NE alleged the notice was not posted at the Gates Highway Department breakroom bulletin board at 1605 Buffalo Road, Rochester, NY.  Protest P-360-090116-NE alleged the notice was not posted at the Hanson Aggregates (Phelps/Penn Yan) breakroom bulletin board at 392 NY-96, Phelps, NY. 

            Election Supervisor representative Peter Marks investigated these protests.  They were consolidated for decision.

Findings of Fact and Analysis

Our decision in Scaglia & Camelio, supra (hereinafter, “ESD 280”), found that Toole had failed to insure postings of remedial notices required by two previous decisions, Local Union 118 Delegates and Alternate Delegates, 2016 ESD 256 (June 24, 2016), and Toole & Scaglia, 2016 ESD 272 (July 15, 2016).  The decision in ESD 280 also found that Toole had submitted compliance declarations to OES that were materially false, in that they asserted under penalty of perjury that the notices had been duly posted on all union worksite boards when investigation showed that postings were not made at certain specified locations.  As remedy for the failure to post and the false assertion of full compliance with those remedies, we ordered, among other things, the posting of a remedial notice on all union worksite bulletin boards detailing the local union’s violations of the two previous remedial orders. 

Local union officials stated that the notice required by ESD 280 was timely posted on each of the boards identified by these protests. 

The photo attached to protest P-358-083116-NE showed an open board on which were posted two OES notices, one covering part of the other.  The notice fully in view is the one required by ESD 272.  The other notice cannot be identified, but the only other notice required to be posted on union boards at the time the photo was taken was the notice required by ESD 280.  Accordingly, we DENY this protest for lack of evidence.

The photo attached to protest P-359-090116-NE showed a board containing no OES notices.  Information from the business agent with responsibility for this board was that the ESD 280 notice was timely posted and, when the protest was filed, reposted.  On this basis, we deem this protest RESOLVED.

The photo attached to protest P-360-090116-NE showed an open cork board with the ESD 280 notice posted on it.  Accordingly, 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 316

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