IN RE: JOHN CHATBURN, Protestor.
Protest Decision 2011 ESD 155
Issued: March 8, 2011
OES Case No. P-108-020111-MW
John Chatburn, member of Local Union 2727 and delegate candidate on The Re-Union Slate, 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 notice of nominations meeting results posted on the local union's website lists The Re-Union Slate members third or last even though the protestor's slate of candidates drew the second position for placement on the ballot.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
Local Union 2727 is entitled to elect 1 delegate and 2 alternate delegates. At its nominations meeting held January 25, 2011, three full slates of candidates were nominated. Pursuant to Article II, Section 6(a) of the Rules, the local union posted "a list of all nominated candidates, by name (and by slate affiliation, if known at the time)." The 1-page notice listed the three delegate candidates and their slate affiliations in two columns, and the six alternate-delegate candidates and their slate affiliations likewise. The delegate and alternate-delegate candidates were listed in the following order: (1) Combine Slate; (2) Unity Slate; and (3) The Re-Union Slate.
Protestor Chatburn contended that his slate members should have been listed second on the notice, as his slate won second position in the slate ballot placement lottery conducted at the candidates meeting immediately following the nominations meeting. Article II, Section 10(b) of the Rules states that "[t]he order of placement of the slates on the ballot shall be determined by lot." (Emphasis supplied). Although best practice is to list slates on the notice of nominations meeting results in the order they will appear on the ballot in order to minimize voter confusion, the local union did not violate the Rules by listing them in the order it did. Esquivel, 2011 ESD 122 (February 21, 2011). Accordingly, we DENY this protest.
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 155
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
Jack Chatburn
4608 Shadyview
Floyds Knobs, IN 47119
chatburns@insightbb.com
Robert Combine, President
Teamsters Local Union 2727
7711 Beulah Church Road
Louisville, KY 40228
bob.combine@local2727.org
Joe F. Childers
Getty & Childers, PLLC
250 West Main Street
1900 Lexington Financial Center
Lexington, Kentucky 40507
childerslaw@yahoo.com
William C. Broberg
Midwest Regional Director
1108 Fincastle Road
Lexington, KY 40502
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
