IN RE: RICHARD THOMPSON,
Protest Decision 2001 EAD 158
Issued: February 12, 2001
OEA Case No. PR013011MW
Richard Thompson, a member of Local 325, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Thompson alleges that Clifford Chentnik, secretary-treasurer of Local 135 and a candidate for delegate, violated the Rules by nominating six members for delegate positions when only two delegates and two alternate delegates are to be elected at Local 135.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
Thompson is a delegate candidate running on the Thompson/Lindquist Slate. He claims that Chentnik has improperly attempted to "flood the ballot with candidates to dilute the vote to benefit himself." He notes that Chentnik nominated the protester's son, Jason Thompson, who is a known supporter of the slate opposing Chentnik's slate and who does not wish to run, but instead wished to nominate his father.
Contrary to the protestor's claim, however, the written request for eligibility determination submitted to Local 325 by Jason Thompson asks that his eligibility "to nominate or accept nomination" be reviewed. This letter is identical to letters submitted by his father and all of the other candidates running on the Thompson/ Lindquist Slate and, on its face, does not signal the sender's intent only to nominate/second the nomination of a candidate, rather than to be a candidate.
Chentnik nominated Dave Barker for delegate, and Greg Chockley and Ron Loy for alternate delegate because they are all candidates seeking office on Chentnik's slate. In addition, Chentnik nominated Bob Schofield, Steve Baxter and Jason Thompson as candidates for alternate delegate. He claims that he had received requests that the local confirm the eligibility of these members, and that he nominated them because he believed in providing all interested parties with the opportunity to run. He told our investigator that it was his view that any member who did not wish to be a candidate could simply refuse to accept nomination, as happened with at least one of the people he nominated, Jason Thompson.[1]
We reject the protest's allegations because they fail to state a claim for violation of the Rules. Article II, Section 5(g) of the Rules provides that "[n]othing shall prohibit any member in good standing from nominating or seconding more than one candidate." This provision privileges the conduct of Chentik here.
Even if Chentnik's acts were a political ploy, which has not been shown, there is nothing in the Rules that allows for the adjudication of the motives of a member for nominating another member as a delegate or alternate delegate candidate. The Rules provide a sufficient safeguard against unsought candidacies by providing that candidates must accept nomination before their names can appear on the ballot. See Article II, Section 5(h).
Accordingly, the protest is DENIED.
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 Administrator 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:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2001 EAD 158
DISTRIBUTION LIST VIA AIRBORNE EXPRESS:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
IBT Local 325
Attn: Clifford T. Chentnik
5533 Eleventh St.
Rockford, IL 61109
Richard Thompson
8319 Al-Ben-Ken Road
Roscoe, IL 61073
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657
[1] Chentnik also attempted to nominate another member for alternate delegate, but withdrew the nomination after it became apparent that there was no valid written acceptance from this member, who was not present at the nomination meeting.