Protest Decisions

IN RE: CHARLES HENRY,
Protest Decision 2001 EAD 230
Issued: March 12, 2001
OEA Case No. PR021515NE

See also Election Appeals Master decision 01 EAM 50 (KC)

Charles Henry, a member of Local 317, 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") against candidate Joe "T" Traver. He alleges that Traver violated the Rules by sending out a flyer that altered the position of Henry's name on the sample ballot in such a manner as to place Henry's name directly across from the name of Thomas "TK" Krakau. Henry alleges that this alteration negatively impacted Henry's campaign and, thereby, benefited Traver's.

Election Administrator representatives David Reilly and Lois Tuttle investigated this protest.

Findings of Fact

On January 17, 2001, Local 317 held its nomination meeting for delegate and alternate delegate elections. Four candidates were nominated as delegates on the "Staring/ 'TK' Krakau slate," including the local's secretary-treasurer and principal executive officer Gary Staring; the local's president Thomas "TK" Krakau; the local's vice president Bill King; and business agent Jim Augst. Henry and Traver, both union stewards, were nominated as the only independent candidates running for delegate.

After the nomination meeting, Henry and Traver flipped a coin to determine ballot position. Henry won and intentionally chose a position in which his name would appear directly across from Augst's name, since Augst was a business agent rather than a local union officer. Traver chose the position directly across from the name of Vice President King.

In early February 2001, Traver obtained a sample ballot for campaign literature purposes. In accordance with his local's and regional director David Reilly's instructions, he placed the words "This is a SAMPLE Ballot" across the bottom. He also inserted an "X" in the box to the left of his name and asked his printer, Office Max, to insert a photograph of himself and a brief description of his qualifications just to the right of his name. Office Max did so, but in the process moved both Henry's and Traver's names up on the sample ballot so that Henry's name appeared roughly across from Krakau's name and Traver's name appeared roughly across from Staring's name. Traver, without realizing the altered placement, sent out copies of this flyer to 142 stewards along with three other pages of campaign materials. He did not become aware of the altered name placement until he received a copy of Henry's protest around February 17, 2001. At that point, Traver apologized to Henry for the mistake and reprinted sample ballot flyers that restored the names to their original positions and deleted Traver's photograph and qualifications. From that point on, Traver stopped handing out any of the original flyers and started handing out only the reprinted flyer.

Henry acknowledges that the altered name placement may have been inadvertent but states that the damage is done. He believes that Traver should bear responsibility for what he claims is the perception that he is running in direct opposition to the widely popular Krakau.

Analysis

The first sample ballot distributed to stewards was clearly denominated as such. The modification of the sample ballot to include Traver's photograph and qualifications were legitimate campaign publicity. The inadvertent change in ballot positions on the sample did not compromise the integrity of the election or violate any provision of the Rules. We DENY the protest.

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 15^th Street NW, Tenth Floor, Washington, DC 20005 (facsimile: 202-454-1501), all within the time 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 230

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