IN RE: PHIL RICHARDS, Protestor
Protest Decision 2010 ESD 41
Issued: October 14, 2010
OES Case No. P-041-101310-FW
Phil Richards, member of Local Union 630, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that the local union did not produce a copy of its proposed local union election plan when requested and did not post notice that the proposed plan had been submitted to the Election Supervisor for consideration.
Election Supervisor representative Rochelle Goffe investigated this protest.
Findings of Fact and Analysis
Under Article II, Section 4 of the Rules, local unions conduct their delegates and alternate delegates elections in accordance with election plans approved by the Election Supervisor. Once the plan is submitted, local union members (and others specified by the rule) have the right to inspect and obtain a copy of the proposed plan from the local union, including worksite lists attached to it, at no cost. Article II, Section 4(c); Huff, 2005 ESD 6 (August 18, 2005). Local unions are required, "[a]s soon as possible, but in no event later than five (5) days after the Local Union has submitted its Plan to the Election Supervisor," to post a notice "on all Local Union bulletin boards advising that the Local Union Plan has been submitted to the Election Supervisor and further advising members of their rights" to inspect and obtain a copy of the plan and to submit written comments on it. Article II, Section 4(e).
Although the protestor Richards asserts that his initial request for a complete copy of the proposed local union plan was refused, the local union mailed a copy of the proposed plan to Richards by registered mail on October 13. The mailed plan is to include worksite lists and the other attachments to the plan that the local union is required to produce. Hill, 2010 ESD 40 (October 14, 2010); Leal, 2010 ESD 39 (October 14, 2010); Alcazar, 2010 ESD 37 (October 13, 2010); Cook, 2010 ESD 34 (October 9, 2010); Evans, 2005 ESD 4 (August 12, 2005). The local union further indicated that notice of submission of the proposed plan has been posted.
With these actions, we deem this protest RESOLVED.
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
Suite 1000
885 Third Avenue
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, 1801 K Street, N.W., Suite421 L, 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
2010 ESD 33
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington,D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Keegel 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
Previant Goldberg
155 North River Center Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Phil Richards
860 W. Colorado
Monrovia, CA 91016
fwhalstead@hotmail.com
Paul Kenny, Secretary-Treasurer
Teamsters Local Union 630
750 S. Stanford Avenue
Los Angeles, CA 90021
paul@teamsters630.org
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
chrismrak@gmail.com
Rochelle Goffe
1234 22nd Avenue, E
Seattle, WA 98112
rochellegoffe@gmail.com
Michael J. Miller
1611 Granville Ave., #8
Los Angeles, CA 90025
miller.michael.j@verizon.net
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com