Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: GREG THATCHER,                     )           Protest Decision 2016 ESD 174

                                                                        )           Issued: April 15, 2016

            Protestor.                                           )           OES Case No. P-258-041216-CN     

____________________________________)                                                                  

Greg Thatcher, member of Local Union 938, filed a pre-election protest requesting a new investigation of the facts underlying our decision in Certain Accreditation Petitions from Local Union 938, 2016 ESD 150 (March 21, 2016).  The anonymous protest in that case alleged, inter alia, that union resources were used to obtain Social Insurance Numbers needed to complete accreditation petitions that were circulated among members of the local union. 

Based on our investigation in that case, we found “that scores if not hundreds of petition signatures collected from Local Union 938 members lacked SIN numbers supplied by the signer.  However, we lack sufficient evidence to prove that the SIN numbers were obtained from union or employer records, absent a cooperating witness.  Accordingly, we find no violation of the Rules for impermissible use of union or employer resources to support a candidate.”  Separately in that case, we invalidated fifteen accreditation petitions containing some 159 signatures for the Hoffa-Hall 2016 slate because the person listed as the petition circulator on those petitions did not, in fact, circulate them.  We also concluded that subtracting those 159 signatures from the totals submitted by the Hoffa-Hall 2016 slate did not impair the accreditation of the candidates on that slate that we granted on August 28, 2015.

In the instant protest, Thatcher seeks a new investigation of whether union or employer resources were used to supply SIN numbers, “due to new information and witnesses coming forward.”

We DENY this protest as untimely filed.  The alleged violation occurred in July and August 2015 and has been the subject of a lengthy and exhaustive investigation that included multiple witness interviews and sworn examinations.  Based on that investigation, we made findings of fact and issued a decision.  No appeal was taken from that decision and it is, therefore, a final and binding determination under the Rules with respect to this issue.

Whether the protestor has recourse under Canadian law to pursue an allegation of breach of data privacy is beyond our jurisdiction.

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 174

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