Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIZAH KEITH GREEN &         )           Protest Decision 2016 ESD 215

            DUANE ALLEN,                             )           Issued: May 20, 2016

            and DENNIS KROGSTAD,                        )           OES Case Nos. P-207-030416-MW

                                                                        )           P-227-031816-MW, P-231-03202016-MW,

            Protestors.                                          )           & P-232-032016-MW

____________________________________)                                                                  

Elizah Keith Green and Duane Allen, members of Local Union 614 and candidates for delegate on the Green slate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Gary Scarbrough, a candidate for alternate delegate on the Krogstad slate, campaigned on work time in violation of the Rules.

Dennis Krogstad, member of Local Union 614 and candidate for delegate on the Krogstad slate, filed three pre-election protests alleging violations of the Rules.  The first alleged that Green slate campaign material was distributed inside a Rite Aid warehouse facility when the same opportunity was denied to the Krogstad slate.  The second asserted that Green slate campaign material was impermissibly posted on company and union bulletin boards at a carhaul facility.  The final protest alleged that Green slate campaign material was found inside Rite Aid trucks.

Local Union 614 is entitled to elect two delegates and two alternate delegates.  The tally of ballots conducted on April 20, 2016 showed that all candidates on the Krogstad slate received more votes than any candidate on the Green slate.

            Thereafter, following discussions with Election Supervisor representative Joe Childers, each party requested in writing to withdraw his protest, conditioned on the protest(s) filed by the opposing party also being withdrawn.

            Concluding that withdrawal serves the purposes of the Rules, we deem each of these protests WITHDRAWN.

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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2016 ESD 215

DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):