Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JAMES CURBEAM,                      )           Protest Decision 2021 ESD 59

                                                                       )           Issued: February 19, 2021

Protestor.                                           )           OES Case No. P-066-020121-SO

____________________________________)

James Curbeam, member of Local Union 480 and candidate for delegate in that local union, 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 the notice of nominations meeting results was not posted timely.

Election Supervisor representatives Dolores Hall and Fred Ashwill investigated this protest.

Findings of Fact and Analysis

Local Union 480 will elect four delegates and four alternate delegates to the IBT convention.  It held its nominations meeting on January 9, 2021, at which two full slates of candidates were nominated.  The Members First slate is comprised of local union officers and business agents.  The Teamster Power for Change slate includes protestor Curbeam.

Pursuant to Article II, Section 6(a) of the Rules, notice of the nominations meeting results is required to be posted on all union bulletin boards “[a]s soon as possible but in no event later than five (5) days following the nomination meeting.”  This posting is especially important in a contested election because it informs the membership of the contest and promotes their participation in it.  Shorts, 2021 ESD 58 (February 19, 2021). 

Here, the notice was posted on February 1, 2021, the same date the protest was filed and more than two weeks after the last date permitted by the Rules.  Investigation showed that the notice was prepared timely following the nominations meeting by the election vendor the local union hired.  However, the notice as prepared did not accurately recite the name of protestor Curbeam’s slate; the name was printed correctly next to each delegate candidate’s name on that slate but incorrectly next to the name of each alternate delegate candidate.  When this fact was discovered, at the deadline for completing the posting timely, posting was delayed until the slate name was corrected. 

With the posting of the correct notice coinciding with the protest filing here, we deem this protest RESOLVED.

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 59

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