IN RE: THOMAS BENNETT, Protestor.
Protest Decision 2006 ESD 96
Issued: February 24, 2006
OES Case No. P-06-120-020206-MW
Thomas Bennett, a member of Local Union 200, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). He alleged that the local union violated the Rules when it assigned election administration duties to an observer for the Buban-Connell slate.
Election Supervisor representatives Joe Childers investigated this protest.
Findings of Fact
Under the authority of the local union plan, Tricia Van Boxel, an office clerical employee of the local union, has been assigned responsibility for remailing undeliverable ballots and filling requests for duplicate ballots, among other election-related duties. Because of additional duties unrelated to the election, however, Van Boxel asked to be relieved of some of her election-related responsibilities.
Dan Campbell, an employee of the local union who serves as contract administrator, was assigned discrete functions of responding to requests from candidates and observers who seek to review membership lists and collective bargaining agreements. Prior to receiving this assignment, Campbell was certified as an observer for the Buban-Connell slate. When he was assigned the election-related duties just described, Campbell resigned his observer position.
Campbell has no access to or responsibility regarding excess ballots, including those used for processing undeliverables and duplicates. Those duties remain solely with Van Boxel.
Analysis
Article II, Section 10(g) of the Rules requires the local union to maintain ballot security throughout the pre-election process. Consistent with this provision, neither observers nor candidates are permitted access to ballots in the pre-election period or at the vote tally.
Here, Campbell has no access to ballots; moreover, he has resigned his observer position. The facts therefore present no threat to ballot security specifically or the integrity of the electoral process generally.
Accordingly, 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 Supervisor 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
885 Third Avenue, Suite 1000
New York, New York 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2006 ESD 96
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Thomas Bennett
337 Rubicon
Neosho, WI 53059
Tim Buban, Secretary-Treasurer
Local Union 200
6200 Bluemound Road
Milwaukee, WI 53213
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com