IN RE: ISOM FOLSOM,
Protest Decision 2001 EAD 155
Issued: February 12, 2001
OEA Case No. PR020712SO
Isom Folsom, a member of Local 480, 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"). Folsom's protest challenges Article II, Section 11(g) of the Rules, which provides that:
If on any ballot the total number of candidate votes exceeds the number of persons to be elected to that position, that portion of the ballot shall be void, except where a voter has marked the ballot for a full or partial slate of candidates, the slate vote only shall be counted. The remaining portion of the ballot shall be counted. Where a voter has marked a ballot for both a full or partial slate and for some or all of the candidates listed under that slate heading, the markings for the individual slate members shall be disregarded, and the slate marking shall be counted as a vote for every member of that slate.
Folsom, an independent candidate for delegate from Local 480, asserts that this provision is wrong and should be changed to provide that whenever a ballot contains more votes for candidates for a position than the number of openings for that position, the ballot should be voided, even where the voter casts a slate vote.
We summarily DISMISS the protest. It does not allege a violation of the Rules, but instead challenges a provision of the Rules themselves. Such challenges are not cognizable under Article XIII, Section 2(b) of the Rules.
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 155
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
IBT Local 480
1050 Cornelia Street
Nashville, TN 37217
Isom Folsom
209 South Valley Drive
Hendersonville, TN 37075
Dolores Hall
1000 Belmont Place
Metairie, LA 70001