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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: ROGER AGUIRRE,
Protest Decision 2001 EAD 315
Issued: April 17, 2001
OEA Case No. PT032012WE

Roger Aguirre, a member of Local 396, filed a post-election protest pursuant to Article XIII, Section 3(a) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges irregularities in the March 1 and 2, 2001 ballot count in the local's delegate election.

Election Administrator representative Dolores Hall investigated the protest.

Findings of Fact and Analysis

Aguirre protested the contradictory results of the ballot count. He alleges that 365 ballots were improperly disqualified or not counted. He relies upon the hearsay testimony of Percy Martinez, a member of Local 396, who makes this claim.

Local 396 retained the Honest Ballot Association ("HBA") to assist in the conduct of its delegate election. HBA representative Jonathan Bilkis stated that, upon returning from the Post Office on March 1, he announced to those present that the Post Office had determined that there were 2,671 returned ballots. Bilkis states that the ballots were then counted three times to verify this, and that it was determined the Post Office was wrong, and that there were only 2,611 ballots.

Bilkis says he has no idea of the basis of Martinez's claim that 365 ballots were disqualified. Bilkis explained that the count workers did segregate ballot envelopes that appeared suspect, and Bilkis says that he personally made the decision as to whether these ballots were void. He did not keep a tally of those envelopes, but rather handled them during the course of the operation.

According to Bilkis, there were 68 void ballots and 55 challenged ballots at the end of the ballot count on March 1. The margin between candidates was such that these challenged were determinative. Accordingly, on March 2, 2001, Election Administrator representative Dolly Gee resolved 53 of the challenged ballots, leaving three remaining challenged ballots unresolved as non-determinative. The certified ballot tally indicated 2,538 valid ballots counted, 68 void ballots and 3 unresolved challenged ballots, for a total of 2,609 total ballots cast.[1]

Based upon the foregoing, we find no irregularities in the ballot count, and 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 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 315

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

 

Roger Aguirre

664 N. Forbes Avenue

Montebello, CA 90640

 

Honest Ballot Association

272-30 Grand Central Parkway

Floral Park, NY 11005

 

IBT Local 396

880 Oak Park Road

Suite 200

Covina, CA 91724

 

Dolores Hall

1000 Belmont Place

Metairie, LA 70001

 

Dolly Gee

Schwartz, Steinsapir, Dohrmann &

Sommers

6300 Wilshire Blvd.

Suite 2000

Los Angeles, CA 9004

[1]    The two vote difference between the 2,609 ballots listed on the certified tally and the 2,611 ballots counted when the ballots were retrieved from the Post Office is not determinative, given the spread between the lowest successful vote-getters and the highest unsuccessful vote-getters.