IN RE: JOHNNY GABRIEL, Protestor.
Protest Decision 2006 ESD 150
Issued: March 17, 2006
OES Case Nos. P-06-124-020306-SO
Johnny Gabriel, member of Local Union 728, 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"). The protest alleged that there was no posting of the notice of candidates and slates for delegate election at the local union hall, in violation of the Rules.
Election Supervisor representative Dolores C. Hall investigated this protest.
Findings of Fact
Gabriel alleged that no notice of candidates and slates was posted at the local union hall when he visited on February 2, 2006 at approximately 3:30 p.m. Gabriel further alleged that secretary-treasurer Larry McDonald is either not providing the Election Office with the requisite affidavit attesting to the posting or has submitted a false affidavit.
McDonald stated that he was required to make corrected notices when Ronny Green withdrew from the Rank and File Pension Reform Slate. McDonald stated that he personally posted the revised notice on the local union's bulletin board.
Ronny Green withdrew from the Rank and File Pension Reform Slate on February 1, and the original notices of candidates were taken down at that time. Between February 1 and February 3, discussions occurred at the local union regarding whether Green could withdraw from the slate. The Election Supervisor ruled on February 3, 2006 that Green could withdraw from the slate and parties were notified that day.
A new notice of the results of the nominating meeting, without Green, was subsequently posted and the requisite affidavit sent to the Election Supervisor.
Analysis
Article II, Section 5(a) and (b) of the Rules state that a "[A]s soon as possible but in no event later than five (5) days following the nomination meeting(s), the Local Union Secretary-Treasurer shall post on all Union bulletin boards a list of all nominated candidates, by name (and by slate affiliation, if known at the time). When the number of nominees for delegate or for alternate delegate does not exceed the number to be elected to that position, the list to be posted shall state that such nominees have been declared elected. A copy of this posting shall be sent immediately to the Election Supervisor. Within three (3) days of such posting, the Local Union Secretary-Treasurer shall provide to the Election Supervisor an affidavit attesting that the list of nominated candidates was posted as required, identifying the Union bulletin board sites at which the list was posted and the name and title of the individual with responsibility for posting the list at each site."
We find that McDonald timely posted the results of the nominating meeting, along with the corrected version of the names of candidates and slates for the delegate election. We further find that McDonald properly submitted an affidavit to the Election Office attesting to this fact.
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 150
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
Johnny Gabriel
7441 Paul Court
Riverdale, GA 30274-3544
Larry McDonald, Secretary-Treasurer
IBT Local Union 728
2540 Lakewood Ave. SW
Atlanta, GA 30315
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001
hall1000@cox.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com