Protest Decisions

IN RE: ED TAYLOR and ANTHONY SGRILLO, Protestor.
Protest Decision 2011 ESD 188
Issued: March 28, 2011
OES Case Nos. P-178-022511-ME, P-201-0030711-ME & P-208-030811-ME

Ed Taylor and Anthony Sgrillo, members of Local Union 107 and candidates for delegate, filed three 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"). Taylor's protests and an aspect of Sgrillo's protest[1] alleged that the local union violated the Rules by not mailing ballots to members on withdrawal.

Election Supervisor representative Bill Kane investigated these protests.

Findings of Fact

Ballots in the delegates election at Local Union 107 were mailed on February 15 and counted on March 9, 2011. In Fabiano et al, 2011 ESD 176 (March 23, 2011), appeal pending, we decided protests that alleged denial of observer rights at the printing of ballots. In Taylor et al, 2011 ESD 177 (March 23, 2011), appeal pending, we decided protests that alleged that observer rights were denied and ballot security was compromised at the pickup of ballots returned as undeliverable. We now turn to complaints that ballots were not sent to members on withdrawal.

Protestor Taylor first alleged that ballots were not sent to Ed Brogan, Sr. and Ed Brogan, Jr., members of Local Union 107 on withdrawal. When at his instruction they called Jackie Hopkins at the local union to request ballots, he alleged that Hopkins told them that ballots would not be sent. According to the protest -

It is an outrage that both would be told, by Hopkins, that neither would [receive ballots]. My bigger concern is, if they had not known to inquire that they had not received a ballot, they would have been excluded from the voting process. How many others could this scenario apply to? How many others have been excluded?

Jackie Hopkins is certainly aware that members on withdrawal are entitled to a ballot.

In his second protest on this issue, Taylor alleged that Ron Crosby, another member on withdrawal, was not sent a ballot and that "several[2] former DHL Teamsters who are more than likely on withdrawal have not received ballots as well." Taylor further alleged that when Hopkins told Crosby he was on withdrawal and he stated he would come to the hall to pay his dues arrearage, she offered to give him a ballot rather than mail it to him, which Taylor cited as a further Rules violation. Sgrillo's protest echoed Taylor's complaint that laid-off DHL members were not sent ballots.

Investigation showed that ballots were not sent to members on withdrawal. As such, no ballots were mailed to the Brogans, Crosby, or the laid-off DHL employees on withdrawal in the February 15 mailing of ballots. When the Brogans called separately to request that ballots be sent them, Hopkins processed their requests by faxing their names and addresses to Cheltenham Printing, which handled the printing and mailing of ballots. Cheltenham in turn prepared ballot packages for the Brogans using ballots retained for that purpose from the original printing. Each Brogan received and voted his ballot, which was returned in a ballot return envelope to the post office box for voted ballots. At the tally of ballots conducted March 9, each Brogan's ballot was challenged because each appeared on the election control roster as on withdrawal and therefore ineligible to vote.

Crosby told our investigator that he phoned Hopkins to inquire why he had not received a ballot and was told he was on withdrawal. When he asked how to return his membership to good standing, he said Hopkins told him that he would have to pay his dues arrearage, which he could do either by mailing the dues or paying them in person. He said Hopkins suggested, given the short time before the vote count, that he pay the dues in person in insure that he would return to eligible status before the date of the tally. Both Crosby and Hopkins denied to our investigator that Hopkins offered to hand Crosby a ballot if he came to the hall. Indeed, Hopkins did not have ballots at the hall for that or any other purpose. Hopkins faxed Crosby's name and address to Cheltenham, and Cheltenham mailed a ballot package to Crosby. Crosby received and voted the ballot, and his vote was counted at the March 9 tally of ballots.

The tally of ballots in the election showed the following: