OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: RICK DELGADO, ) Protest Decision 2021 ESD 170
) Issued: November 3, 2021
Protestor. ) OES Case No. P-203-102921-MW
____________________________________)
Rick Delgado, member of Local Union 743, 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 Local Union 743, under the leadership of Debra Simmons-Peterson, violated the Rules by sending get out the vote (GOTV) postcards to non-members presently or formerly employed at the Central States Funds.
Election Supervisor representative Joe Childers investigated this protest.
Investigation revealed that the GOTV postcards were sent by the IBT. GOTV postcards sent by Local Union 743 were not addressed to non-members presently or previously employed at the Central States Funds. Based on this evidence, protestor Delgado requested to withdraw the protest.
Concluding that withdrawal serves the purposes of the Rules, we deem this protest WITHDRAWN. We note further that none of the non-member recipients of the GOTV postcards who were the subject of Delgado’s protest were sent ballot packages. In addition, we note that even if they had been, eligibility to vote is determined on an individualized basis at the ballot count and requires that each voter be a member in good standing with dues paid through the month prior to the month in which ballots are tallied. Accordingly, GOTV postcards sent to non-members, inadvertently or otherwise, does not implicate election integrity.
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 170
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
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Scott Jenkins
scott@oz2021.com
Rick Delgado
rdelgado@centralstatesfunds.org
Local Union 743
Debra Simmons-Peterson
dsimmons@teamsterslocal743.com
Joe Childers
jchilders@ibtvote.org
Bill Broberg
wbroberg@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com