IN RE: JEFF BANDUR, Protestor.
Protest Decision 2006 ESD 280
Issued: May 30, 2006
OES Case No. P-06-268-041706-MW
Jeff Bandur, a member and candidate for delegate from 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"). The protest alleged a discrepancy between the number of members reported to the Department of Labor and the number of ballots printed for the delegate election.
Election Supervisor representative Deborah Schaaf investigated this protest.
Findings of Fact
The protest alleged a significant difference between the number of eligible voters local union secretary-treasurer Tim Buban reported to the Election Supervisor, 4,790, and the number reported on the LM-2 report filed with the U.S. Department of Labor (USDOL), 4,159. The protest also claimed that 900 additional ballots were printed. Although the protestor does not assert that any of the additional ballots were used improperly, he questioned whether the local union improperly manipulated the membership list that was used to determine eligible voters.
Local Union 200 contract administrator Dan Campbell explained that the membership total reported on the LM-2 was erroneously based on per capita payment for the year-end figure and not based on yearly average membership. Office staff member Debbie Gultch mailed a notarized statement explaining that she mistakenly gave their accountants the wrong figure for the LM-2 report and therefore the number of members reported on the LM-2 is for December 2005 only. Campbell stated that the error was not brought to light until the April 11, 2006 general membership meeting. Campbell has since requested that their accountants file a corrected LM-2 report.
Investigation found that December 2005 had the lowest member count of any month in 2005 and that membership based on per capita payment fluctuates in consecutive months by as much as 1,143 members (5,302 in November 2005 to 4,159 in December 2005). The average membership per month in 2005 was 4,793.
Campbell stated that local union printed 900 additional ballots to insure a sufficient supply. According to Campbell, all printed ballots were accounted for and secured at all times, and all candidates, including the protestor, had observers present during all phases of the election process.
Analysis
We find no indication of fraud in the difference between the number of members reported to USDOL and the number of ballots printed for the delegate and alternate delegate election. The figure reported to USDOL was a mistake, acknowledged by office staff member Gultch. Moreover, the figure reported to the Election Supervisor of 4,790 members is nearly identical to the 2005 average monthly membership of 4,793 members. There is no evidence to suggest that the ballots or the membership list were tampered with in any way.
Accordingly, 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 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. 20006-1416, 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 280
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
David J. Hoffa
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
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Jeff Bandur
7220 South North Cape Road
Franklin, WI 53132
Tim Buban
Secretary-Treasurer, Local 200
6200 West Bluemound Road
Milwaukee, WI 53213
Deborah Schaaf
8883 Douglas Circle
Helena, Montana 59602
dschaaf@bresnan.net
William C. "Bill" Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com