OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: PATRICK KELLY, ) Protest Decision 2021 ESD 80
) Issued: March 12, 2021
Protestor. ) OES Case No. P-076-021121-FW
____________________________________)
Patrick Kelly, member and delegate candidate in Local Union 952, 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 Members First delegate slate violated the Rules by distributing campaign literature that displayed the photo and statement by a member who is a pension fund official.
Election Supervisor representative Dennis Sarsany investigated this protest.
Findings of Fact and Analysis
Local Union 952 will elect 12 delegates and 5 alternate delegates to the IBT convention. Protestor Kelly is competing in that election as an independent candidate for delegate. A full slate and a partial slate of candidates also are nominated.
Protestor Kelly alleged that a campaign flyer distributed by the Members First slate violated the Rules because it contained the photo and a quote from Chuck Mack, a Teamster member who serves as chair of the Western Conference of Teamsters Pension Trust. The quote attributed to Mack stated that the IBT, its joint councils or its local unions have no authority on whether the Trust should or will merge with any other pension fund. The quote stated further that “[a]ny plan seeking to merge in my estimation and experience would have to have a funding level that is comparable.” Mack’s title was listed on the flyer, with a disclaimer stating that the title was for identification purposes only.
The statement attributed to Mack did not endorse any candidate or slate or offer a view as to how the election should be decided. Rather, it gave an opinion on two subjects: 1) whether union entities could direct a merger of pension trusts (his view was they could not); and 2) the principal criterion that would drive any potential merger (his view was that funding levels of the merger partners would have to be proportionate).
The Rules do not regulate the content of campaign material. Yolland, P660 (April 3, 1996). Even false campaign statements – a claim the protestor does not make here – are protected by the Rules. Braxton, P304 (May 21, 1991); Hoffa 2006, 2005 ESD 25 (November 8, 2005); Jackson & Trupiano, 2006 ESD 24 (April 17, 2006); and Kenny, 2006 ESD 190 (May 17, 2006). Reyes, 2010 ESD 14 (August 4, 2010).
We do not find that Mack’s statement constituted an endorsement. Even if it were, he had the right to do so as a Teamster member. Further, his statement included a disclaimer indicating that he was speaking for himself and not conveying the sentiment of the institution he co-chairs.
We find no Rules violation on the facts presented, and we therefore DENY the 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. 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 80
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
Patrick Kelly
Pdk952@aol.com
Teamsters Local Union 952
office@teamsters952.org
Eric Jimenez
ejimenez@teamsters952.org
Dennis Sarsany
dsarsany@ibtvote.org
Michael Miller
Miller.michael.j@verizon.net
Deborah Schaaf
dschaaf@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com