IN RE: BRIAN NILSON, Protestor.
Protest Decision 2011 ESD 124
Issued: February 21, 2011
OES Case No. P-105-012411-GP
Brian Nilson, member of Local Union 631 and delegate candidate, 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 John Phillipenas violated the Rules by failing or refusing to supply him the schedule of local union general and craft meetings he requested.
Election Supervisor representative Mary Ann Campbell investigated this protest.
Findings of Fact and Analysis
By email sent January 17, 2011, protestor Nilson requested "a schedule of all meetings of Local 631, including any and all meetings that general members are allowed to attend, between now and the date that the delegate election votes will be tallied (i.e., February 28, 2011). This includes all general meetings, special meetings, craft meetings or any other meetings not herein mentioned." The email requested that the schedule be provided within five business days of the request.
Receiving no response, Nilson filed this protest on January 24.
Article VII, Section 5(a) states that "[n]o candidate may be denied access to any meeting of the Local Union to which he/she belongs as a member." The ability to exercise the right to attend carries with it the right to know when meetings are scheduled.
Phillipenas told our investigator that he did not respond to Nilson's email because he did not receive it until he received the protest in this case on February 3, 2011. Phillipenas stated that he had blocked emails from Nilson because a previous email he received from Nilson contained a virus. Phillipenas agreed to provide the requested schedule of meetings to Nilson promptly. He did so the next day, February 4. The list consisted of a general membership meeting scheduled for February 10 and a Cemex craft meeting set for February 27.
On this basis, we deem this protest RESOLVED.
We note that the information Nilson requested was available to him (without the need for a request) on the local union's website at www.teamsterslocal631.org under the "Upcoming Events" tab In addition, recorded information about upcoming meetings is listed on the local union's telephone line by pressing '8.'
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 124
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 Hall 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
Brian Nilson
412 Viewpoint Drive
Henderson, NV 89015
briannilson@gmail.com
John Phillipenas, Secretary-Treasurer
Teamsters Local Union 631
700 North Lamb Blvd.
Las Vegas, NV 89110
johnp@teamsters631.com
Mary Ann Campbell
13859 State Road E.
DeSoto, MO 63020
scdennis@aol.com
Maria Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
mho@ibtvote.org
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