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IN RE: JAMES R. ANDERSON, See also Election Appeals Master decision 01 EAM 32 (KC) James Anderson, Local 966 president and a delegate candidate on the Local 966 Working Teamsters Slate, 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"). Anderson alleges that the nomination and second of member Michael Lewis as a delegate candidate twice violated Article II, Section 5(f) of the Rules. First, Lewis failed to present any second for his nomination. Second, Lewis failed to provide any written nominations or seconds to the local secretary-treasurer before the time specified in the Rules. Election Administrator representative Jason Weidenfeld investigated the protest. Findings of Fact On Saturday, January 13, 2001, Local 966 held its nomination meeting for delegates to the IBT International Convention. Business agent Jerry Covello conducted the meeting. When Covello sought the names of parties interested in running for delegate, Michael Lewis, a Local 966 member, approached Covello with three writings. Each writing was prepared during the week preceding the nomination meeting and included the author’s social security number. The first writing states that member Al Henley nominates Lewis. The second states that member Alwyn Daniels nominates Lewis. The third appears to combine Lewis’ typed acceptance of the nomination with a third nomination signed by Jose Carrion. Covello accepted Lewis’ nominations for delegate and did not ask Lewis whether he had any additional nominators. Likewise, Covello did not ask Lewis whether he had a second for his nomination. No member nominated or seconded the nomination of Lewis at the meeting. After the meeting, Lewis completed a Candidate Information Sheet, which contains information about the candidate, nominators, and seconders. Lewis asked Covello whether he could change the status of one of the nominators to a seconder. Covello told Lewis to make a notation rather than change another person’s writing. Two days after the nomination meeting, this protest was filed by James Anderson, [1] Local 966 President and delegate candidate on the Local 966 Working Teamsters Slate. Analysis We DENY the protest with respect to both charges. Anderson is technically correct in stating that Lewis failed to produce a second for his nominations and did not comply with the technical requirements of Article II, Section 5(f) when he first delivered his written nominations at the nomination meeting. We conclude, however, that Lewis should be declared a valid delegate candidate due to his good faith belief that he acted in compliance with the Rules and the fact that he was never asked at the nomination meeting whether he had any additional nominators or seconders. Article I of the Rules states that the Election Administrator is charged with "the conduct of fair, honest, open and informed elections," and has the authority "to take all necessary actions in supervising the election process to insure fair, honest, open and informed elections." Measured against the scope of this authority, it cannot be said that it would serve the purpose of the Rules if Lewis were to be barred from running for delegate. Although Lewis tendered his written nominations late and did not present a second at the nomination meeting, there is no evidence that Lewis would not have been able to provide a nominator and seconder at the meeting. Finally, there is no indication of any attempt by the nominee or his supporters to undermine the nomination of delegates in Local 966. In such a situation, a member otherwise properly entitled to stand as a candidate should not be disenfranchised. Sather, P498 (March 5, 1996); McGill, P331 (January 25, 1996); Prestridge, P300 (January 25, 1996). 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 144 DISTRIBUTION LIST VIA UPS NEXT DAY AIR: 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
James Anderson IBT Local 966 300 Knickerbocker Rd., Suite 3200 Cresskill, NJ 07626
Michael Lewis 140 W. 104th St. Apartment 6C New York, NY 10025
[1] We received this protest on January 17, 2001. The protest, however, was included among other non-protest related filings. We became aware of the protest when Covello asked about it, and the Local 966 correspondence file was reviewed.
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