IN RE: BILLEE JEAN HAWKINS AND JANET ROOT, Protestors.
Protest Decision 2006 ESD 297
Issued: June 7, 2006
OES Case No. P 06 091-020206-MW
Billee Jean Hawkins and Janet Root, members of Local Union 614, 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 Local Union 614 President Earl Walker improperly barred members from the nominations meeting and, further, threatened Hawkins at the candidates' meeting, both in violation of the Rules.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
At the local union's nominations meeting held on January 8, 2006, Walker announced that when he struck the gavel, the meeting would be closed and no one else would be allowed in. He then directed sergeant-at-arms, David Bluhm, Jr., to look into the hallway to see if any other members were present, and when Bluhm stated that no one was there, Walker struck the gavel. The protest alleged that approximately one minute later, a member appeared at the door and was allowed to enter while a second member, who appeared seconds later, was barred. The excluded member was Glenn Steffens.
These same facts were presented and decided in Steffens, 2006 ESD 187 (April 17, 2006). It is unnecessary to address these facts anew.
Hawkins further alleged that at the candidates' meeting that followed the nominations meeting, Walker entered the room, slammed down a tablet of paper, and declared, "If anyone wants to accuse me of cheating, do it now so I can kick your ass right here." Hawkins claimed that she was standing next to Walker and she took the threat as directed at her because she has had trouble with Walker in the past.
Walker denied slamming down his tablet, swearing or making any threatening comments at the candidates' meeting.
The local union's election officer, Joe Medrano, conducted the candidates' meeting and confirmed that Walker entered the room and dropped his tablet onto the table. Medrano acknowledged that Walker's action made a noise, but he did not regard the event as so dramatic as to be intimidating. Medrano recalled that Walker's statement was to the effect of "Go ahead and take your best shot at me." Medrano did not hear Walker make any statement about "kicking ass."
Nicole Kirk, the TITAN operator for Local Union 614, attended the candidates' meeting for part of the time Walker was in the room. She denied hearing Walker make any threatening statements directed at other members.
Article XIII, Section 2(b) of the Rules states that pre-election protests "must be filed within two (2) working days of the day when the protestor becomes aware or reasonably should have been aware of the action protested or such protests shall be waived." Based on the foregoing, the instant protest should have been filed no later than January 11, 2006. Hawkins' letter setting forth her protest was dated January 16.
Precedent establishes that the protest time limit is a prudential restriction rather than a jurisdictional requirement. Ruscigno, P144 (October 4, 1995), aff'd, 95 EAM 25 (October 18, 1995). Accordingly, we may, in the exercise of discretion, waive the time limit if circumstances warrant that we do so.
No circumstances justify waiver of the time limits in this case. Accordingly, we DENY the protest as untimely filed. Moreover, although Hawkins claimed that Walker's conduct intimidated her, she nonetheless continued her campaign for delegate and was elected to that position. Given her successful candidacy, there is no indication that Walker's alleged behavior had an adverse effect on her campaign.
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 of 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 Office of the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, Suite 1400, N.W., Washington, D.C. 20006, 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 297
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
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Billee Jean Hawkins
495 Thors Street
Pontiac, MI 48342
Janet Root
2909 Lake Angeles Road
Waterford, MI 48329
Earl Walker, President
IBT Local Union 614
131 University Drive
Pontiac, MI 48342
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com