IN RE: ROBERT HIGDON,
Protest Decision 2001 EAD 342
Issued: May 4, 2001
OEA Case No. PR040912MW
Robert Higdon, member and alternate delegate candidate in Local Union 734, 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 duplicate ballot telephone number listed on the official ballot is incorrect.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
The election plan for this Chicago local stated that members who spoiled or lost their ballots were to call the local to request a duplicate ballot. However, the official ballot instead listed the telephone number of Local 200 in Milwaukee for this purpose. In addition, campaign literature circulated by the Meidel Unity slate advised members needing duplicate ballots to call the Election Administrator's Washington, D.C. office.
Higdon alleged the incorrect telephone numbers were an intentional effort to disenfranchise members.
Investigation showed the telephone number listed on the ballot was incorrect. James DeHaan was hired to conduct the elections for both Locals 734 and 200. He created the ballot for Local 734 using Local 200's as a template but failed to replace the telephone number with the correct one.
When the protest brought this error to light, remedial measures were implemented to ensure members were able to obtain duplicate ballots. First, the office manager of Local 200 was notified of the problem and asked to route duplicate ballot requests by members of Local 734 to the correct telephone number. A similar step was taken with the Election Administrator's office. Finally, a notice was posted on all worksite bulletin boards providing the correct number for members to use to request duplicate ballots.
Investigation demonstrated that the local's mailing list is current, with no known incorrect addresses. Accordingly, the likelihood that members would not receive ballots because of undeliverable addresses was correspondingly low. The measures implemented to remedy the incorrect telephone numbers further reduced the probability that a member would be frustrated in the pursuit of a duplicate ballot. Indeed, Local 200 received no calls from Local 734 members requesting duplicate ballots; the Election Administrator's office received one such call and the caller was directed to Local 734.
On these facts, we DENY the protest because the incorrect telephone numbers were completely remedied.
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 342
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
Robert Higdon
640 Algona Avenue
Elgin, IL 60120
IBT Local 734
300 S. Ashland Avenue
Room 306
Chicago, IL 60607
James DeHaan
448 Maincentre
Northville, MI 48167
Brian Meidel
Meidel Slate
IBT Local 734
300 S. Ashland Avenue
Room 306
Chicago, IL 60607
David VanEtten
15532 Ridgeway
Markham, IL 60426
Dennis M. Sarsany
1829 Eddy Street
Chicago, IL 60657