IN RE: JOHN HULL,
Protest Decision 2001 EAD 313
Issued: April 17, 2001
OEA Case No. PR031612CA
John Hull, member of Local Union 938 and lead delegate candidate on the 938 Members slate, 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 the local deliberately failed to process requests for duplicate ballots, thereby disenfranchising members. We deferred this protest for post-election consideration pursuant to Article XIII, Section 2(f)(2).
Election Administrator representative Jeffrey Ellison investigated the protests.
Findings of Fact and Analysis
Hull presented evidence that requests for duplicate ballots received by local union staff were not forwarded promptly to the accounting firm supervising the election. As a result, duplicate ballots eventually mailed to members would likely not be returned in time for the count.
Ray Bartolotti, the local's principal officer, responded through lawyer Cynthia Watson that the local processed duplicate ballot requests and returned ballot packages diligently.
The Rules permit the Election Administrator to remedy protests deferred for post-election consideration only "if the alleged violation may have affected the outcome of the election …" Article XIII, Section 3(b).
The 938 Members slate won every delegate and alternate delegate seat. Accordingly, we need not resolve the conflict in the evidence because the protested conduct, if proven, did not affect the outcome of the election. For this reason alone, we DENY this 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 15th Street NW, Tenth Floor, Washington, DC 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 313
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 Rank and File
Power Slate
c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Ray Bartolotti
63 Centennial Parkway South
Stoney Creek, ON L8G 6T1
Canada
Ray Bartolotti
c/o Watson Kucey
Labour Lawyers
3555 Lakeshore Blvd. West
Toronto, ON M8W 1P4
Canada
IBT Local 938
275 Matheson Blvd. West
Mississauga, ON L4Z 1X8
Canada
John Hull
3231 Eglinton Avenue East
Apt. 1705
Toronto, ON M1J 3N5
Canada
Michael J. Goldberg
73 Harrowgate Drive
Cherry Hill, NJ 08003
Jeffrey Ellison
65 Cadillac Square, Suite 3727
Detroit, MI 48226