Protest Decisions

            The Sandy Pope campaign 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 number of local unions had violated the Rules by failing to produce worksite lists in response to the campaign’s written request.

            On September 21, 2011, the Pope campaign broadcast fax requests to a number of local unions seeking their worksite lists.  Under Article VII, Section 1, nominated candidates for International office are entitled to local union worksite lists on request.  Each local union of which a worksite list request has been made is obliged to produce the current list within five days of receipt of the request.

            The protest in this matter was filed October 28, alleging that some 35 local unions had failed to produce the requested lists.

            Investigation showed that some local unions had complied with the requests timely (prior to the filing of the protest), other local unions had not received the requests, and still other local unions had failed to comply.  Upon intervention by OES staff, the Pope campaign was supplied with current worksite lists for all local unions that are the subject of this protest.

            On this basis, 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, 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.