Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JASON FRY,                                   )           Protest Decision 2016 ESD 181

                                                                        )           Issued: April 27, 2016

            Protestor.                                           )           OES Case No. P-174-021716-ME     

____________________________________)                                                                  

Jason Fry, member and alternate delegate candidate in Local Union 908, filed a pre-election protest pursuant to Article XIII, Section 3(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that supporters of Teamsters United Local 908 slate campaigned inside employer premises, conduct the protest alleged violated the Rules. 

Election Supervisor representative Dan Walsh investigated this protest. 

Findings of Fact and Analysis

            Local Union 908 is entitled to elect one delegate and one alternate delegate to the IBT convention.  At its nominations meeting held Saturday, January 9, 2016, two delegate candidates and two alternate delegate candidates were nominated.  Local union president Brian VanMetre and local union secretary-treasurer Jason Fry, candidates for delegate and alternate delegate, respectively, formed the Local 908 Working as One for All slate.  Chris Pittman and Doug Plassman, respectively candidates for delegate and alternate delegate, formed the Teamsters United Local 908 slate.  The tally conducted March 4 showed that the candidates on the Working as One slate polled more votes than those on the United slate.  On 306 ballots counted, VanMetre tallied 34 more votes than Pittman, and Fry 32 more than Plassman.

            We deferred decision on this protest for post-election consideration pursuant to Article XIII, Section 2(f)(2).  We may remedy violations found in post-election protests only where the conduct may have affected the results of the election.  Article XIII, Section 3(b).  As both candidates on protestor Fry’s slate won the positions they sought, we need not decide whether the conduct Fry alleged gave the opposing slate an advantage or benefit prohibited by the Rules because Fry’s slate prevailed notwithstanding this alleged advantage or benefit.

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 181

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