IN RE: MARLON BURLOCK, Protestor.
Protest Decision 2011 ESD 209
Issued: April 12, 2011
OES Case No. P-255-041211-MW
Marlon Burlock, member of Local Union 700, 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 several members called the office of Local Union 700 on Monday, April 11, 2011 to request duplicate ballots and were told that duplicate ballot requests would not be processed before April 15, 2011.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
Local Union 700 mailed ballots on April 5, 2011. The ballot count is scheduled for May 2, 2011. Sherry Voyles, contractual election administrator for Local Union 700, sent a memo to candidates advising them that, beginning April 11, 2011, daily processing of undeliverable mail would begin, and candidates and observers had the right to accompany Ms. Voyles or her designee to the post office to observe the pickup of undeliverable mail and the processing of that mail at the office of the local union. The memo stated further that "[r]eturned mail and requests for ballots, received after April 15, 2011 will be processed daily until April 27, 2011."
The notice of election mailed with ballots and posted on worksite bulletin boards advised members that -
You should receive your ballot package by April 15, 2011. If you have not received a ballot by then, or if you make a mistake on your ballot or lose your ballot, or need any materials which accompanied your ballot, you may request a duplicate by contacting the Local Union at [the address, phone and fax numbers provided].
Voyles told our investigator she understood that requests for duplicate ballots need not be processed before April 15; she instructed the clerical staff person at the local union responsible for processing duplicate ballot requests accordingly. That staff person, Marissa Cerrillos, told our investigator that on Monday, April 11, she received three requests for duplicate ballots from members who had spoiled their ballots, and she had recorded the information necessary to send a duplicate ballot to those members on April 15.
Voyles misunderstood the instructions contained in the notice of election. The April 15 date specified in the notice is an advisory to members to be on the lookout for their ballots and, if not received by April 15, to request a duplicate ballot. The notice does not specify the date when duplicate ballots actually requested should be processed. Instead, a request for a duplicate ballot should be honored as soon as practicable.
Voyles and Cerrillos acknowledged to our investigator that the April 11 requests for duplicate ballots will be honored as early as April 12 and all subsequent requests for duplicate ballots honored promptly.
Accordingly, we deem this 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 209
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
Burlock
3413 Madison
Bellwood, IL 60104
Lawmann60104@yahoo.com
Becky Strzechowski, Assistant Trustee
Teamsters Local Union 700
1300 W. Higgins, Suite 300
Park Ridge, IL 60068
beckyski@comcast.net
William Logan
6740 North Wildwood Ave.
Chicago, IL 60646
logandelegateslate@comcast.net
Anthony O'Donnell
1246 East 98th Street
Chicago, IL 60628
Lawmann60104@yahoo.com
Joe F. Childers
Getty & Childers, PLLC
250 W. Main Street, Suite 1900
Lexington, KY 40507
William C. Broberg
1108 Fincastle Road
Lexington, KY 40502-1838
wcbroberg@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
