Protest Decisions

IN RE: GLENN CISCO,
Protest Decision 2001 EAD 252
Issued: March 21, 2001
OEA Case Nos. PR021418WE and PR021419WE

Glenn Cisco, a member of Local 313 and a delegate candidate on the Working Teamsters for Tom Leedham slate (the WT slate"), 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"). Election Administrator representative Paige Keys investigated these protests.

In his first protest, Cisco alleges that Local 313 member Rick Engelhart was nominated in violation of the Rules. We address that claim below. In his second protest, Cisco alleges that Local 599 wrongfully published a statement in a Local 599 flyer announcing the appointment of Local 599's secretary-treasurer to oversee operations at Local 313 and resolve some "extremely important issues internally at Local No. 313." Having investigated this protest, we DENY it because it fails to state a claim for violation of any provision of the Rules.

Findings of Fact

Shortly before Local 313's February 13, 2001 nominations meeting, prospective candidate Engelhart realized that he would be out of town that day. The day before the meeting, he prepared a letter to be presented by fellow slate member Wayne Johnson to the presiding officer as his written acceptance. The letter stated, "I Rick Engelhart do accept nomination as a delegate for the International Teamsters convention." Engelhart signed the letter and dated it February 12, 2001.

On February 13, Johnson presented Engelhart's acceptance letter to Shannon Cortez, the officer presiding at the meeting. Election committee members voiced confusion about the letter's purpose and discussed whether it should be accepted, since it did not contain Engelhart's social security number. In response, Johnson provided Engelhart's social security number to accompany the letter. Subsequently, Local 313 members Richard Fowler and Brad Thorp nominated and seconded Engelhart as a delegate candidate on the 313 Unity Slate from the floor. Their eligibility to do so is not contested.

Analysis

Cisco claims that Engelhart's nomination is invalid because his February 12, 2001 letter did not meet the formal or submission requirements for written nominations found in Article II, Section 5(f) of the Rules. Those requirements, however, are not applicable because the letter was not a written nomination, but rather a written acceptance of nomination, governed by Article II, Section 5(h). Engelhart was properly nominated and seconded from the floor of the nomination meeting by two Local 313 members. The allegation that he was improperly nominated and seconded is therefore DENIED.[1]

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, 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 252

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[1] We reject Cisco's suggestion that the formal requirements for written nominations found in Article II, Section 5(f) should be applied to written acceptances under Article II, Section 5(h).