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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: ROBERT HIGDON,
Protest Decision 2001 EAD 344
Issued: May 4, 2001
OEA Case No. PR040611MW

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 Rules were violated when ballot security was not maintained during their printing and mailing. He further alleges the Meidel Unity slate used union resources for campaign purposes in violation of the Rules.

Election Administrator representative Dennis Sarsany investigated the protest.

Findings of Fact and Analysis

Ballot security. The local's ballots were printed April 3 for mailing the next day. James DeHaan, the local's retained election supervisor, oversaw the process. Observers, the protestor included, were also present. The protestor alleges ballot security during this process was breached in three respects. First, he claims ballot transmittal envelopes spoiled in the printing process were not properly destroyed. He next asserts the ballots were not safeguarded during the overnight period of April 3-4. Finally, Higdon contends the number of ballots retained for use as duplicate ballots was counted inaccurately.

Investigation showed that DeHaan directed the printer to discard the spoiled transmittal envelopes. The printer, Craig Chalk, did so at the end of the day on April 4. The protestor asserts the envelopes should have been rendered useless before they were discarded. The Rules require the security of ballots be maintained; they are silent on the treatment of spoiled transmittal envelopes. The disposal of the misprinted envelopes without first destroying them does not violate the Rules.

Investigation further showed security of the printed ballots was maintained during the overnight period by placing them in boxes, sealing the boxes, signing the seals to render them tamper-evident, and placing the boxes in a locked room. This procedure provided the ballot security the Rules contemplate, therefore we find no violation.

Finally, investigation of the ballots reserved for use as duplicates showed the initial tally computed for those ballots was incorrect. The arithmetic was checked and the tally adjusted. The ballots were sealed in a box which itself was sealed in another box, and the package was mailed to a mail house under contract to handle duplicate ballot requests. Under direct supervision of a representative of our office, the boxes were unsealed and the duplicates were counted. This hand count matched the number shown on the ballot reconciliation sheet. Accordingly, security of the duplicate ballots was maintained, and we find no Rules violation.

Alleged campaign use of union resources. Higdon asserts two business agents picked up campaign literature from the print shop while on union-paid time using a union-provided vehicle. Investigation showed the local used the print shop, Chalklines, Inc., for its periodic newsletter. The Meidel slate used the same printer for its campaign literature. On April 4, two business agents picked up excess copies of the local's newsletter for distribution to breakrooms at employers under the local's jurisdiction. The agents picked up campaign flyers at the same time.

Article VII, Section 11(b) prohibits campaign activity on time paid by the union. However, "[c]ampaigning incidental to regular Union business is not … violative of this section." The business agents were performing legitimate union business when retrieving the local's newsletter from the printer. The incidental activity of picking up campaign flyers, therefore, does not violate the Rules.

Equally without merit is Higdon's assertion that the agents improperly used a union-leased vehicle to transport the flyers. Where an agents is permitted personal use of a union-provided vehicle, as here, the campaign use of that vehicle is protected by Article VII, Section 11(c). Stroud, 2001 EAD 199 (February 27, 2001), aff'd, 01 EAM 42 (March 9, 2001).

For these reasons, we 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 344

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

 

Robert Brooks

IBT Local 734

300 S. Ashland Avenue

Room 306

Chicago, IL 60607

 

Craig Chalk

Chalklines Printing, LTD

626 S. Clark Street

Chicago, IL 60605

 

Brian Meidel

Meidel Slate

IBT Local 734

300 S. Ashland Avenue

Room 306

Chicago, IL 60607

 

Joe Sanchez

IBT Local 734

300 S. Ashland Avenue

Room 306

Chicago, IL 60607

 

John G. Sladek

2613 W. 75th Street

Woodridge, IL 60517

 

Dennis M. Sarsany

1829 Eddy Street

Chicago, IL 60657