IN RE: EDWIN TAYLOR, Protestor.
Protest Decision 2011 ESD 93
Issued: January 30, 2011
OES Case No. P-085-011811-ME & P-096-012511-ME
Edwin Taylor, member of Local Union 107, filed two pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The first protest alleged that the person who presided at the local union's delegates and alternate delegates nominations meeting improperly crossed the name of alternate delegate candidate Mark Goetz off the slate declaration form Taylor submitted. The second protest alleged that Local Union 107 violated the Rules by posting a notice of the results of the nominations meeting listing James Price as a candidate for alternate delegate instead of delegate and listing Goetz as an independent candidate not affiliated with any slate.
In Eligibility of Brogan, 2011 ESD 92 (January 28, 2011), we held that Ed Brogan, the member who seconded the nomination of Goetz for alternate delegate, was ineligible to do so because he was not in good standing at the time of the nominations meeting. As Brogan was the only person who seconded Goetz's nomination, we held that the nomination failed for lack of a second. We find that the decision in that case moots some of the complaints alleged in Taylor's protests. We issue this decision to explain that mootness and to address the remaining complaint in Taylor's protests on its merits.
Taylor's protests were consolidated for investigation and decision. Election Supervisor representative Deborah Schaaf investigated them.
Findings of Fact and Analysis
Local Union 107 will elect 3 delegates and 1 alternate delegate to the IBT convention. The local union held its nominations meeting January 16, 2011. In advance of that meeting, protestor Taylor timely submitted written nominations and acceptances to the local union secretary-treasurer for himself and James Price.
The Rules, at Article II, Section 5(f), permit written nominations, viz.
Any member eligible to nominate or second a nomination may do so by a writing submitted to the Local Union Secretary-Treasurer. A written nomination or second must be received by the Local Union Secretary-Treasurer no later than 5 p.m. of the day immediately prior to the day of the relevant nomination meeting. The writing shall state whether it is a nomination or a second, the name of the member being nominated or seconded and whether the nomination or second is for delegate or alternate delegate. It shall be signed by the member submitting the nomination or second and shall contain the last four digits of his/her Social Security number. At the nomination meeting, the presiding Local Union officer shall announce and treat the written nomination or second as if it had been made from the floor of such meeting.
Article II, Section 5(h) permits written acceptance of nomination: "If acceptance is made in writing, the document must be presented to the presiding Local Union officer no later than the time the member is nominated."
Taylor's protests assert that James Price intended to be nominated for delegate and that the local union violated the Rules by listing him as a candidate for alternate delegate on the notice of nominations meeting results. We address this issue first.
The nomination form for Price was a typewritten page addressed to the local union's secretary-treasurer that read: "I hereby nominate _______________________ for the position of Alternate Delegate to the IBT Convention from Local 107." Handwritten in the blank was "James D. Price." Beneath this sentence were the name, signature, and the last 4 digits of the SSN of Taylor, who served as Price's nominator. On the lower portion of the same sheet was the typewritten sentence "I hereby second the nomination of _______________________ for the position of Alternate Delegate to the IBT Convention from Local 107." Price's name was handwritten into the blank in this sentence as well, and the sentence was subscribed with the name, signature and the last 4 digits of the SSN of the member who seconded the nomination.
A written acceptance was also submitted for Price. That typewritten document took the form of a letter to the local union secretary-treasurer: "Dear Sir and Brother: I hereby accept the nomination for the position of Alternate Delegate to the IBT Convention." The document bore Price's handwritten name, signature and the last 4 digits of his SSN.
The documents just described were presented at the nominations meeting and served to validly nominate Price for the position of alternate delegate.
Taylor and Price contend that the use of the term "alternate delegate" on these forms was a mistake and that Price actually sought nomination as delegate. Price explained that he thought the form he signed was an all-purpose one that would indicate his acceptance of nomination for either position, delegate or alternate delegate, for which he was nominated. In support of what they said was Price's true intention, Taylor and Price point to the cover sheet that was submitted with the written nomination and acceptance forms. That document listed Price as a nominee and stated "delegate" as the "position sought." Further, the candidate information sheet submitted after the nominations meeting listed Price as a delegate candidate. Finally, the slate declaration form protestor Taylor submitted at the candidates meeting listed himself and Price as delegate candidates and Goetz as candidate for alternate delegate.
We hold first that Price was nominated for alternate delegate. The written nomination, written second, and written acceptance all list the position sought by Price as alternate delegate. These are the operative documents by which Price was nominated. Although other documents such as the cover sheet for the nomination and acceptance forms, the slate declaration form, and the candidate information sheet list Price as a candidate for delegate, those documents cannot overturn the unambiguous statements on the nomination, second and acceptance forms that Price was nominated for alternate delegate and accepted that nomination. Accordingly, we DENY this aspect of the protest.
We turn next to Taylor's claim concerning the striking of Goetz's name from the slate declaration form. The Rules permit candidates to form slates at the local level. Article VIII, Section 2(b) states that the "number of slate members shall not exceed the number of positions open for election." Although the slate declaration form Taylor submitted listed Price as candidate for delegate, the forms by which he was nominated listed the office sought as alternate delegate. Accordingly, Taylor's slate listed more candidates for alternate delegate, two, than are open for election. As neither Price nor Goetz was present at the nominations meeting, the presiding officer, Karen Matchett of TLB Solutions, explained to Taylor that his slate could not list more candidates for alternate delegate than the local union would elect. According to Matchett, Taylor replied that he wanted Price on the slate. Hearing that statement, Matchett struck Goetz's name from the slate declaration form. This action left Taylor and Price as a two-person slate, with Taylor running for delegate and Price for alternate delegate.
Our decision in Eligibility of Brogan moots this issue. As we have declared that Goetz's nomination was invalid because it was seconded by a member ineligible to do so, Goetz is no longer on the slate, leaving Taylor and Price as the remaining members of the slate. Accordingly, we DENY this aspect of the protest as moot.
We turn finally to Taylor's assertion that the notice of nomination meeting results improperly listed Goetz as an independent candidate for alternate delegate. Article II, Section 6(a) requires the local union secretary-treasurer to post on all union bulletin boards "a list of all nominated candidates, by name (and by slate affiliation, if known at the time)," as soon as possible but not later than 5 days after the nominations meeting. Local Union 107 posted the required notice, listing Taylor and Price as candidates for delegate and alternate delegate, respectively, on the Dump Hoffa slate. Goetz was listed as an independent candidate for alternate delegate. We likewise DENY this claim as moot because of our holding that Goetz was not validly nominated.
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 93
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
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.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
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
William Hamilton, President
Teamsters Local Union 107
2845 Southampton Road
Philadelphia, PA 19154
jazz61161@aol.com
Edwin Taylor
378 Cutler Avenue
Maple Shade, NJ 08052
teamstered@comcast.net
Mark Goetz
7661 Burholme Avenue
Philadelphia, PA 19111
teamstered@comcast.net
Karen Matchett
TLB Solutions
7331 Greystone Street
Lakewood Ranch, FL 34202
Deborah Schaaf
1118 Coddington Road
Ithaca, NY 14850
debschaaf33@gmail.com
Denise Ventura
949 Old Hickory Road
Pittsburgh, PA 15243
dmventura@verizon.net
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, Suite. 210
Ann Arbor, MI 48104
ellisonesq@aol.com