IN RE: KATHY PETERS and PAT IRONSIDE,
Protest Decision 2001 EAD 113
Issued: January 30, 2001
OEA Case Nos. PR011311CA, PR011413CA and PR011912CA
Kathy Peters and Pat Ironside, members of Local 31, filed pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Peters' two protests concern slates nominated at Local 31's January 10, 2001 nomination meeting. Peters' first protest concerns the "Reform 31 Team" slate and alleges that the names of the candidates on that slate were not listed on its slate declaration form before the corresponding signatures were obtained on that form. Peters' second protest concerns the "Members First" slate, and also alleges that the names of the candidates on that slate were not listed on its slate declaration form before the corresponding signatures were obtained on that form, and also alleges that the portion of the slate declaration form entitled "Number of Candidates on Slate" is not completed. In each case, Peters asks that the slate declaration be disallowed, and that the members of the slates be required to run as individual candidates.
Ironside, a candidate on the Reform 31 Team slate, filed his protest against the chair of the Local 31 election committee. After the Reform 31 Team's slate declaration form was filed with the election committee, Ironside presented a letter to the chair of the Election Committee seeking to change the order of names as listed on the Reform 31 Team's slate declaration. This was denied, which Ironside says is contrary to the Rules.
Election Administrator representative Gwen Randall investigated the protests.
Findings of Fact
Article II, Section 9 of the Rules provides that candidates for delegate and alternate are permitted to seek nomination, be nominated, campaign and appear on the ballot as members of a slate of candidates, regardless of whether of the slate is a full or partial slate. Article II, Section 10(b) provides that the members of each slate shall determine the order of each candidate's name within the slate listing. "Slate" is defined in Paragraph 40 of the Definition Section of the Rules as any grouping by mutual consent of two or more candidates.
Article VIII of the Rules deals with the formation of slates. Article VIII, Section 1(b) provides that to form a slate, there shall be mutual consent between and among all candidates running on the slate. Such mutual consent shall be evidenced by the signing of a declaration by all members of the slate, giving the position that each candidate seeks and the name, if any, of the slate to be formed. Slate declaration forms for delegate and alternate delegate nominations and elections are to be submitted to the local union's secretary-treasurer (with a copy to the Election Administrator). Amended declarations may be submitted adding additional candidates, provided that the deadlines specified in Article VIII are met. Article VIII, Section 1(c) provides that in the case of delegate and alternate delegate nominations and elections, such slate declaration shall be filed at the earliest possible date but in no event later than three (3) days after the local union's final delegate nomination meeting.
The Slate Declaration form provided by the Election Administrator provides the following instructions:
"IMPORTANT: All names and signatures of candidates forming a slate must be obtained on a single form. The name of all of the members of the slates must be entered before any signatures are entered. In addition, the exact count of candidates must be filled in below before any signatures are executed. To expand a slate, a complete new Slate Declaration form must be executed by each member of the slate."
The body of the Slate Declaration form reads:
"I, the undersigned, hereby affiliate with the slate of candidates listed below. I declare that I am a candidate for the position listed next to my name. I further declare that I have agreed to form a slate with all candidates listed, and that they have agreed to form a slate with me. I have confirmed that the figure filled in under 'Number of Candidates on Slate' (Required) above conforms with the number of candidates who are members of my slate and whose names appear below. I declare that I am a member in good standing of my Local Union and that I am not a member of another slate".
It should be noted that the instructions that appear on the Slate Declaration form are not reflected in the wording of the Rules themselves.
1. The Reform 31 Team Slate Declaration. Garnet Zimmerman is the president of Local 31 and was temporarily performing the services of the local union's secretary-treasurer (due to the incumbent's illness) on January 12, 2001, when he received the Reform 31 slate's declaration form. At that time, Ironside, one of the delegates on the Reform 31 Team slate, gave Zimmerman a letter requesting that the names on the slate declaration be listed differently. Zimmerman says that he questioned Ironside about the placement of the names on the slate declaration and that Ironside advised that he had placed the names of the people on the list at the time that each of the candidates signed the declaration. Zimmerman says that Ironside confirmed to him that the members of the slate were signed up one at a time and that their names were entered on the petition only at the time that the candidates signed the declaration, and not after each of the names had been placed on the declaration.
Ironside says that in fact his wife printed all of the names on the Reform 31 Team slate declaration. He acknowledged that the names were printed on the declaration only as each member came to sign the declaration, although Ironside says that he did not give this information to Zimmerman. Ironside said that his slate met after they had completed the slate declaration and decided that the order of names should be different. He was instructed by the other members of the slate to request the change in the order of the names on the slate. When he received a letter from Rebecca Murdock, chair of the local union election committee rejecting the change, he filed a protest. Peters' protest, in turn, attacks the validity of the Reform 31 Team's slate declaration.
2. The Members First Slate Declaration. It is apparent from this slate's declaration form itself that the names of the candidates were printed on the declaration as each candidate signed, and not before. The handwriting and the different colors disclose this. Ross Peterson, speaking on behalf of the slate, indicated that there was an earlier slate declaration prepared for this group but the slate found that certain members were not eligible to run as candidates. Accordingly, Peterson obtained another slate declaration form from Zimmerman. Peterson says that the members of the slate met on a Saturday morning and completed the new slate declaration one at a time during the course of the meeting. However, the last signatory, Lam, was attending a shop steward meeting at the local union's office, and accordingly, members of the slate took the slate declaration to the union office, pulled Lam out of the meeting, and had him sign the declaration form. The declaration was then presented to Zimmerman, acting in the place of the secretary-treasurer. The Section entitled "Number of Candidates on Slate: (Required)" is not completed.
Analysis
As noted above, the requirements with respect to entry of names of the members of a slate before any signatures are entered and the requirement that the exact count of candidates be filled in before any signatures are executed are not requirements which appear in the Rules. These requirements appear only on the Election Administrator's slate declaration form. The declaration form goes on to provide that each of the candidates listed has agreed to form a slate and has agreed to form a slate with the other people listed. No member of the Reform 31 Team slate or the Members First slate has filed a protest against either slate declaration, asserting that he or she did not mutually consent with each of the other slate members to form the slate. Rather, Peters, a member of a third slate at Local 31 (the Zimmerman - Hoffa Unity Slate) has filed the protest.
The purpose of the Rules is to ensure "fair, honest, open and informed elections". Rules, Article I. The purpose of the directions on the slate declaration form is to ensure that there is indeed "mutual consent between and among all candidates running on a slate" to their doing so. Article VIII, Section 1(b) of the Rules provides that "[s]uch mutual consent shall be evidenced by the signing of a declaration by all members of the slate, giving the position that each candidate seeks and the name, if any, of the slate to be formed."
Here, there is sufficient evidence of the requisite mutual intent to form each of the challenged slates with the composition indicated on their slate declaration forms. Thus, we credit the uncontradicted testimony of Ironside that the members of the Reform 31 slate met after they had completed their slate declaration and together decided that the order of names should be different. In doing so, we find that they together indicated their mutual consent to run together as members of a slate.
Similarly, we credit the uncontradicted testimony of Peterson that the Members First slate candidates met together and completed the slate declaration form submitted to Zimmerman, and then went as a group to obtain the last signature, that of Lam, who was attending a shop steward meeting.
For these reasons, we DENY the challenges to the Members First and Reform Team 31 slate declarations stated in Peters' protests.
As to Ironside's protest against Local 31's election committee over the refusal of its chair to modify the ballot order of the Reform 31 Team's slate members from the order appearing on the slate's declaration form, Article II, Section 10(b) does provide that the members of each slate shall determine the order of each candidate's name within the slate listing. Article VIII, Section 1(b), however, provides that all members of the slate must sign the slate declaration and any amended declarations. While Ironside's request is not an amended slate declaration, but instead a request as to ballot order under Article II, Section 10(b), the election committee acted properly in rejecting Ironside's request, absent evidence that the request was consented to by each member of the slate, as required by Article II, Section 10(b). The request by Ironside to change the order of names listed on the Reform 31 Team slate was not signed by any member of the slate, and accordingly the election committee was entitled to rely upon the original slate declaration presented by the slate in printing the ballot for Local 31. Accordingly, Ironside's protest is also 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 113
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IBT Local 31
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Attn: Kathy Peters
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Pat Ironside
23765 123d Ave.
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Members First Slate
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IBT Local 31
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