OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: JASON RABINOWITZ, ) Protest Decision 2021 ESD 52
) Issued: February 2, 2021
Protestor. ) OES Case No. P-068-020121-FW
____________________________________)
Jason Rabinowitz, member and principal officer of Local Union 2010, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Eduardo Torres was not validly nominated for delegate because his nomination was not seconded.
Election Supervisor representative Jeffrey Ellison investigated this protest.
Findings of Fact and Analysis
Local Union 2010 held the nominations meeting for its delegates and alternate delegates election on January 30, 2021. In advance of that meeting, written nomination and written acceptance were timely submitted in support of the nomination of Eduardo Torres. No written second of Torres’s nomination was received. The writings concerning Torres’s candidacy were read aloud by the person presiding at the meeting. After the written documents were read, the presider called for nominations and seconds from the floor. No person seconded Torres’s nomination.
Article II, Section 5(i) requires that a candidate be nominated by a member in good standing and that the nomination be seconded by another member in good standing. Torres’s nomination therefore fails for want of a second.
For these reasons, we GRANT the protest and hold that Torres was not validly nominated. His name shall not appear on the ballot.
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. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.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, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2021 ESD 52
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Kevin Moore
Mooregp2021@gmail.com
F.C. “Chris” Silvera
fitzverity@aol.com
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
EduardoTorres
eduardotorres@mednet.ucla.edu
Teamsters Local Union 2010
Jason Rabinowitz
jrabinowitz@teamsters2010.org
Bob Bonsall
rbonsall@beesontayer.com
Deborah Schaaf
dschaaf@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com