IN RE: DAVID THEODORE, Protestor.
Protest Decision 2011 ESD 71
Issued: January 20, 2011
OES Case Nos. P-079-011411-MW
David Theodore, member of Local 673, 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 failed to mail notice of the nominations meeting for the delegates and alternate delegates election.
The protest further alleged that the opposition slate of candidates used union resources to campaign. This additional allegation has been severed and will be the subject of a subsequent protest decision.
Election Supervisor representative Bill Broberg investigated this protest.
Findings of Fact and Analysis
Local Union 673's nominations meeting for its delegates and alternate delegates election was held January 13, 2011. Pursuant to Article II, Section 5(d) of the Rules, the local union was required to give notice of the nominations meeting by posting it on all local union bulletin boards and by mailing it by first class mail at least 21 days before the meeting. The local union posted the notice as required. However, the local union failed to mail the notice. As a consequence, persons interested in being nominated for delegate or alternate delegate may have not received notice of the opportunity to do so.
Failure to provide required notice violates the Rules. Accordingly, we GRANT the protest. As remedy, the local union must conduct a new nominations meeting and give proper notice of it. We have approved an amendment to the local union election plan establishing a new dates for the nominations meeting, the mailing of ballots, and the counting of ballots. We direct the local union to post the notice attached to this decision on all worksite bulletin boards within 5 working days of the date of this decision. We also direct the local union to comply with all further posting and mailing requirements, in particular the requirement that notice of the new nominations meeting be posted and mailed at least 21 days in advance of the meeting.
Any candidate nominated at the nominations meeting held January 13 may rely on that nomination. However, at his/her option, the nominated candidate may also attend the new nominations meeting and be nominated again.
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, 1801 K Street, N.W., Suite 421 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
2011 ESD 71
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
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
1555 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
P.O. Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
David Theodore
1123 Sharon Lane
Schaumburg, IL 60193-1352
theodore673@yahoo.com
Roger Kohler, Secretary-Treasurer
Teamsters Local Union 673
1050 W. Roosevelt Road
West Chicago, IL 60185
roger@teamsterslocal673.net
William C. Broberg
1108 Fincastle Road
Lexington, KY 40502-1838
wcbroberg@aol.com
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey J. Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com
[To be printed on Local Union 673 letterhead without officers’ names]
NOTICE TO ALL MEMBERS CONCERNING
NEW NOMINATIONS MEETING FOR
DELEGATES AND ALTERNATE DELEGATES ELECTION
Under the Rules for 2010-2011 IBT International Union Delegate and Officer Elections, Local Union 673 is required to give notice of the nominations meeting for the local union’s delegates and alternate delegates election 21 days before the meeting by posting the notice of the meeting on all local union bulletin boards and by mailing the notice to every member’s home.
We posted the notice on bulletin boards as required, but we did not mail the notice to every member’s home. As a result, many members may not have had notice of the nominations meeting that was held Thursday, January 13, 2011.
The Election Supervisor has directed us to hold a new nominations meeting to insure that all members seeking to run for delegate or alternate delegate to the IBT Convention have the opportunity to be nominated.
The date for the new nominations meeting is:
Date: FRIDAY, FEBRUARY 18, 2011 at 7:00 p.m.
Location: TEAMSTERS LOCAL UNION 673’s HALL
1050 W. Roosevelt Road
West Chicago, ILLINOIS 60185.
As required by the Rules we will give notice of that meeting at least 21 days in advance by posting the notice on all local union bulletin boards and by mailing the notice to every member’s home.
The Election Supervisor has advised us that all candidates who were nominated at the nominations meeting held Thursday, January 13, 2011 may rely on those nominations and are not required to be nominated again. However, they are also welcome to attend the new nominations meeting and be nominated again, if they wish.
This notice is posted by order of the Election Supervisor of the International Brotherhood of Teamsters and must remain posted through February 18, 2011. It may not be defaced or covered up by anyone.