>IN RE: TOIALE JOHNSON, Protestor.
Protest Decision 2011 ESD 153
Issued: March 7, 2011
OES Case No. P-180-022811-MW
Toiale Johnson, member of Local Union 299, 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 four members of the local union election committee, which will administer the ballot count for the delegates election scheduled for March 10, 2011, have appeared in campaign literature advocating support of the Kevin Moore slate in the election, in violation of the Rules.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
The Election Supervisor approved the local union election plan for Local Union 299 on September 27, 2010. The plan provided that the delegates and alternate delegates election would be conducted by a local union election committee comprised of "Local 299 members, retirees, local union staff and local union officers to be determined." On or about February 27, 2011, local union secretary-treasurer Ken Kwapisz, who had been designated by the local union to chair the committee, sent an e-mail to candidates announcing the makeup of the committee that will conduct the March 10 ballot count, viz., Gary Lucas, Donna Nehasil, Tim Moffett, Harry Mishloney, Mary Peters, Patty McGuckin, Curis Lipinski, Mike White, Paul Cockrell, John Edmonds, Jerry Wilson, Dan Hall, Rodney Johnson, and Josh Barton.
The protest alleged that Moffett, White, Edmonds and Wilson were documented supporters of the Kevin Moore slate and could not perform their duties in an unbiased fashion. The protest also alleged that McGuckin and Lipinski were not eligible members of Local Union 299 and asked the OES to investigate this matter. The protest requested as a remedy that the four individuals identified as Moore slate supporters be removed from the committee and that four replacements be named by "mutual agreement" of both slates as soon as possible.
Investigation showed that each of the four listed individuals had appeared in written campaign literature supporting the Moore slate in the delegates election. Investigation also showed that Wilson and three other committee members not implicated by the protest were appointed merely to serve as sergeant-at-arms at the ballot count and would not actually be counting or touching the ballots. Instead, they were appointed to maintain security, as they had done at previous ballot counts.
On March 2, Kwapisz wrote OES Midwest region director Bill Broberg, that Local Union 299 would agree to reduce the committee size to eight persons who would be involved in the ballot count, excluding the four sergeant-at-arms. These persons are: Kwapisz, Lucas (retiree), Nehasil (office staff), Mishloney (retiree), Peters (office staff), McGuckin (member), Cockrell (retiree), and Bill Scott (retiree chosen by the protestor's slate). Mr. Kwapisz reasoned that the smaller committee would be sufficient since OES was bringing four rather than two representatives to the count. Wilson, Hall, Johnson, and Barton will only provide security during the count.
The protestor has agreed to the revised makeup of the committee, and to the participation of the four sergeant-at-arms during the count.
Accordingly, we deem the 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
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 153
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
Toiale Johnson
5523 Underwood Street
Detroit, MI 48204
toiale@aol.com
Kenneth Kwapisz, Secretary-Treasurer
Teamsters Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
d.nehasil@teamsterslocal299.com
Joe F. Childers
Getty & Childers, PLLC
250 West Main Street, Suite 1900
Lexington, KY 40507
childerslaw@yahoo.com
William C. Broberg
1108 Fincastle Road
Lexington, KY 40502-1838
wcbroberg@aol.com
Maria S. 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