Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: STEPHANIE DORTON                  )          Protest Decision 2011 ESD 328

            and HOFFA-HALL 2011                   )           Issued: September 26, 2011

                                                                        )           OES Case Nos. P-322-091611-FW   

            Protestors.                                          )                       & P-323-091611-FW

____________________________________)

            Stephanie Dorton, member and recording secretary of Local Union 2010, filed a pre-election protest pursuant to Article XIII, Section 2 of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules").  The protest alleged that delegates of Local Union 2010 campaigned for Sandy Pope at a local union membership meeting while delivering a report of the IBT convention.  Hoffa-Hall 2011 filed a separate pre-election protest asserting the same alleged violation.

             These protests were consolidated for investigation and decision.  Election Supervisor representative Chris Mrak investigated them.

             By email received September 23, 2011, Hoffa-Hall 2011 requested to withdraw its protest.  Finding that withdrawal furthers the purposes of the Rules, we deem the protest in Case No. P-323-091611-FW WITHDRAWN.

             We turn to the remaining protest filed by Dorton in Case No. P-322-091611-FW.

 Findings of Fact and Analysis

The protest complained of an alleged violation that occurred at July 21, 2011 membership meeting of Local Union 2010's Berkeley chapter.  The protest was filed by email on September 16, 2011.  It consisted of an August 23 email sent by the protestor to Sandria Frost, another member of Local Union 2010, in which the protestor was apparently seeking advice as to the language to use in the protest, viz.

I would like to bring it to your attention that Sandy Pope supporters are campaigning during membership meetings. The attached document was passed out during our July Membership meeting on the Berkeley campus, along with bumper stickers and other Sandy Pope propaganda.  The people who passed it out are, Claudette Begin, Kathy Renfro and Juan Garcia.

Do we need to add anything else?

The September 16 email filing the protest forwarded the foregoing text and added the following:

I thought that I had sent this but it was in my draft folder...please consider this notice of an election protest.

Article XIII, Section 2(b) requires pre-election protests to be filed "within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested or such protests shall be waived."  Dorton's protest was filed nearly two months after the date of the action protested.  Even were we to excuse the mistake Dorton claimed she made in not forwarding to us at an earlier date the August 23 email she sent to Frost, the August 23 email was sent more than a month after the event protested.

We have often stated that the Rules' time limits are prudential rather than jurisdictional.  However, we decline to excuse the untimely filing here because Dorton was present when the alleged violation occurred and has not demonstrated a substantial justification for her failure to file timely. 

Accordingly, we DENY the protest in Case No. P-322-091611-FW 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. 

                                                                                     Richard W. Mark
                                                                                    Election Supervisor

cc:        Kenneth Conboy
            2011 ESD 328