Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JOE BALKIS,                                 )           Protest Decision 2016 ESD 95

                                                                        )           Issued: January 31, 2016

            Protestor.                                           )           OES Case Nos. P-098-011216-MW  

____________________________________)                       & P-105-011516-MW

            Joe Balkis, member and delegate candidate in Local Union 705 and candidate for IBT vice president, Central region, filed two pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protests alleged that UPS denied him parking lot access to campaign at the Harvey, Illinois facility, in violation of the Rules.

            Election Supervisor representative Chris Mrak investigated this protest.

            Under an agreement signed January 25, 2016, UPS acknowledges the right under the Rules of members and candidates to campaign on employer parking lots where members park their vehicles, further acknowledging that Balkis is a member and candidate for delegate and International office.  Based on the membership status and candidacy of Balkis, UPS has agreed to permit him to campaign in the parking lots of its facilities, including at a specified location at Harvey, Illinois, and further has provided him with a letter to be produced to any UPS representative who challenges his right to campaign in such areas.

            Based on this agreement, we deem these protests 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:

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 95 

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