Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: 251 STRONG SLATE,                   )           Protest Decision 2016 ESD 93

                                                                        )           Issued: January 29, 2016

            Protestor.                                           )           OES Case No. P-110-011916-NE     

____________________________________)

            251 Strong Slate, a slate of candidates competing in the delegates and alternate delegates election of Local Union 251, 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 a candidate co-chaired the nominations meeting, in violation of an Advisory.

            Election Supervisor representative Peter Marks investigated this protest.

Findings of Fact

Local Union 251 conducted its nominations meeting for the delegates and alternate delegates election on January 16, 2016.  The meeting was chaired by Matthew Fitch, a principal in Merriman River Associates, the third-party election vendor Local Union 251 hired to administer the election.  As chair, Fitch called the meeting to order, explained the nominating process, accepted nominations, seconds, and acceptances for delegate nominations and then alternate delegate nominations, and closed nominations for each office separately, and finally closed the meeting.  In addition, Fitch led the candidates meeting that immediately followed the nominations meeting, gathering information from each candidate, explaining the ballot placement process, conducting the ballot placement lottery, and explaining observer rights.

The protest alleged that Anthony Suazo, the local union vice president and a candidate for alternate delegate, “co-chaired” the nominations meeting by sitting on the dais during the meeting.  In addition, the protest claimed that Suazo “actually participated in handing out candidate forms, recorded minutes, and then even accepted his own nomination for alternate delegate from the podium.”  This according to the protest violated the Election Supervisor’s Advisory Barring Candidates From Conducting Any Aspect of Delegate Elections (November 20, 2015).

Investigation showed that the local union’s recording secretary was absent and thus unavailable to take meeting minutes.  Matt Taibi, principal officer of Local Union 251, informed meeting chair Fitch that that Suazo was available to perform the task.  Taibi also informed Fitch that Suazo was a candidate for alternate delegate and asked whether his candidacy would bar him from taking minutes.  Fitch replied that Suazo could take the minutes even though a candidate, and Suazo thereafter performed the task, recording the names of nominators, seconders, and acceptances as they were made to Fitch.

When Fitch convened the meeting, he introduced himself as the meeting chair, to be assisted by Ms. Julie Mike of his staff.  He also stated that Suazo would be taking minutes.  At this, Joseph Bairos, a candidate on the 251 Strong Slate, asked why Suazo would be taking minutes rather than the local union recording secretary.  Fitch replied that Suazo was substituting for the recording secretary, who was absent.  Neither Bairos nor anyone else present objected to Suazo’s presence on the dais or his performance of the note taking function. 

Two full slates of candidates, including the slate that filed this protest, were successfully nominated.  

The protestor slate contends nonetheless that Suazo’s taking of meeting minutes constituted an endorsement of his candidacy and that of the other members of his slate and, further, had the effect of intimidating members.  No member of the protestor slate nor anyone else present raised the objection during the meeting that either an endorsement or intimidation was occurring.

As remedy for the violation the protestor claims, the protestor requests disqualification of Suazo from the ballot “and potentially the entire 251 United Action Slate [of which Suazo is a member] should be barred from running.”

Analysis

The Advisory bars candidates from “conducting any part of [the] election process … starting with nomination meetings.”

            Suazo did not conduct the nominations meeting at issue here, nor did he “co-chair” the meeting as the protestor alleged.  Taking minutes of the meeting falls well outside the conduct the Advisory prohibits.  Moreover, we reject the protestor’s contention that taking of minutes confers an endorsement on the note taker or constitutes prohibited intimidation under the Rules.

Accordingly, we DENY this protest.

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 93

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