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IN RE: NORMAN JOHNSON, Protestor. Norman Johnson, a member of Local Union 822, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”). He alleged that James Wright, president of Local 822, failed to post the required notice concerning the local union plan and, further, failed to produce the plan upon request, in violation of the Rules. Election Supervisor representative J. Griffin Morgan investigated this protest. Findings of Fact The protest alleged that local president Wright failed to post a notice that the local union plan for election of delegates and alternate delegates had been submitted to our office for approval. The protest further alleged that the local president failed to honor two requests protestor Johnson made for a copy of the plan. Local president Wright admitted each of these facts to our investigator. He offered no explanation for not posting the notice advising that the local union plan had been submitted to our office. On his failure to produce the local union plan upon request, Wright explained that he did not believe he was required to do so until the plan was approved by our office. Wright further indicated that he was new to his position and was still learning his responsibilities. In response to our investigator’s request, local president Wright posted the required notice, submitted the required affidavit of posting, and produced the local union plan to Johnson. He took these actions on November 28, 29, and 30, respectively. Analysis Article II, Section 4 of the Rules provides:
As we said in Fahey, 2005 ESD 10 (September 8, 2005), “[l]ate notices or missing postings will not result in a Rules violation in the absence of bad faith on the part of the local union or disadvantage to any potential candidates.” Lefevre, 2001 EAD 301 (April 12, 2001), citing Wenham, 2001 EAD 221 (March 7, 2001), Snow, P368, (March 6, 1996), and Young, P426 (March 29, 1996). Here, because the required notice has been posted and the plan produced to the protestor, we consider these aspects of the protest RESOLVED. Specifically, we decline to find that the local president’s failures on these points were the result of bad faith on his part; instead, we conclude that he had a misunderstanding of his obligations under the Rules because of his failure to familiarize himself with them. We note, however, that the Rules rely upon local union officers to provide information to the membership, and we do not countenance conduct – even if innocent – that undermines “fair, honest, open, and informed elections.” Article I (emphasis supplied). By his omissions, the local president deprived his membership, and protestor Johnson in particular, of the opportunity to comment on the local union plan. Accordingly, we GRANT the protest in this regard. As remedy for this violation, we have extended the comment period on Local 822’s local union plan the required fifteen days from November 28, the date the notice was actually posted. As further remedy, we order local president Wright, within five (5) days of the issuance of this decision, to read and familiarize himself with his obligations under the Rules, including those set forth in Articles II, V, VI, VII, IX and XI, and to submit an affidavit of compliance to our office upon completing this remedy. 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 Supervisor 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 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,
1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the
time prescribed above. A copy of the protest must accompany the request for
hearing. Richard W. Mark cc: Kenneth Conboy DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, Esq. Barbara Harvey, Esq David Hoffa Ken Paff Judith Brown Chomsky Stefan Ostrach Norman Johnson James Wright, President J. Griffin Morgan. Jeffrey J. Ellison
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