Protest Decisions

 

            John Ingoldsby 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 a campaign flyer for the Gegare-Sheard slate was posted on a union bulletin board at his worksite, in violation of the Rules.

            Election Supervisor representative Mary Campbell investigated this protest.

Findings of Fact and Analysis

            Ingoldsby is employed as a UPS feeder driver at the Omaha, Nebraska hub.  He said observed a campaign flyer on the glass-enclosed union bulletin board in his facility on Thursday, August 11, 2011, advertising a Gegare-Sheard fundraiser to take place on Saturday, August 20, 2011.  When he first saw the flyer, he said he knew it should not be posted on the union board and thought someone would take it down right away.  He did not take the flyer down himself because he said he believed the board was locked,[1] nor did he ask the steward, alternate steward or business agent to do so.  When he saw the flyer still on the board a week later, on August 18, 2011, he took photos with his camera-phone and filed this protest at 4:01 p.m. that day.  We acknowledged the protest on August 25.  The flyer was removed from the board on August 26, six days after the fundraiser was held.

            Kevin Kibler, the steward responsible for posting on the board denied seeing the flyer posted there.  He stated that the business agent responsible for his facility, Ken Ostronic, cleaned off the board in late July 2011, removing all outdated notices at that time.  Kibler told our investigator that he posts notices mailed to him by Ostronic, which generally occurs quarterly, and that he did not post anything on the board in August.  Ostronic confirmed that the stewards are responsible for postings and that only those notices that are printed on local union letterhead are to be posted on the board.  Ostronic stated that he was last at the facility on August 12 for a hearing; he said the flyer was not on the board at that time.

            This protest was untimely filed.  Article XIII, Section 2(b) requires protests to be “filed within two working days of the day the protestor becomes aware … of the action protested or such protests shall be waived.”  Although this limitation has often been termed a prudential rather than jurisdictional limitation, it serves the purpose of requiring protestors to act promptly to assist us in assessing potential Rules violations quickly after they occur.  A timely filing following the August 11 discovery of the flyer would have insured a prompt removal of it, thus limiting the exposure.  Instead, Ingoldsby waited a week after discovery and filed his protest a mere two days before the fundraiser was set to occur.  We find that much of the potential harm the flyer may have caused came because the posting was not brought to our attention promptly.  Under these circumstances, we DENY the protest as untimely filed.

            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, NY  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.