Protest Decisions

IN RE: Paul Mougin,
Protest Decision 2001 EAD 289
Issued: March 31, 2001
OEA Case No. PR011214WE

Paul Mougin, member of Local 741, 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"). He alleges that Amy Erickson, Local 741 secretary and chairperson of the officer election committee, opened the sealed officer election ballot box and thereafter failed to secure its contents.

Election Administrator representative Paige Keys investigated this protest.

Because the alleged misconduct here is limited to Local 741's officer elections, we find that the protest is beyond our jurisdiction under the Rules and must be DENIED.

Findings of Fact

Local 741 conducted its officer elections in December 2000. On December 15, 2000, per Local 741's election procedure, the unused, challenged and counted ballots as well as the tally sheets were placed into a sealed box. The designated observers witnessed the sealing of the box and signed their names over the tape. The box was then place in the office safe.

Amy Erickson subsequently removed the box from the safe and opened it because she had mistakenly sealed the tally sheets in it. Erickson needed the sheets to draft a notice of the election results. After she typed the results, Erickson returned the tally sheets to the box.

Richard Foulkes and Alfonso Valdez, members of Local 741 and candidates for delegate, claimed that on December 20, 2000, they witnessed the box on the floor of the office and that the box was open. Foulkes and Valdez returned later that day and photographed the box on the office floor.

Mougin claims that the box was left exposed allowing entry "for such illegal purposes as altering, adding, or removing ballots, envelopes or other materials; copying the roster to know who voted and who didn't." He further claims that the contents of the box would be an "invaluable aid" in the delegate election.

Analysis

The preamble to the Rules provides that "[t]he Election Administrator's authority to supervise the electoral process … is limited to the nomination and election of International Convention delegates and alternate delegates and the nomination and election of International officers. These Rules are not applicable to elections of IBT subordinate body officers."

Here, the protestor alleges misconduct only with respect to Local 741's officer elections. Thus, even if Erickson failed to secure the ballot box for the local union's officer election (a finding we do not make), this would not state a violation of the Rules. Mougin's claim that the contents of the box may have been used as an aid in the delegate elections was unsubstantiated, and absent such substantiation this matter is outside the jurisdiction of the Election Administrator. However, the Election Administrator's Regional Director has taken steps to closely monitor Local 741's delegate election, in which ballots will be counted on April 5, 2001.

For these reasons, this protest is 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 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005 (fax: 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 289

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