Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: LOCAL 100 TEAMSTERS           )           Protest Decision 2016 ESD 195

            FIRST SLATE,                                )           Issued: May 4, 2016

                                                                        )           OES Case No. P-247-040216-ME     

            Protestor.                                           )

____________________________________)                                                                  

The Local 100 Teamsters First Slate, a slate of candidates competing in the delegates and alternate delegates election in Local Union 100, 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 Sam Bucalo violated the Rules by obtaining and disseminating a privileged local union executive board resolution to rank-and-file members.

            Election Supervisor representative Dan Walsh investigated this protest.

Findings of Fact and Analysis

Local Union 100 is entitled to election five delegates and two alternate delegates.  Three full slates and one unaffiliated delegate candidate competed for these positions.  The Teamsters United slate was led by protestor Bucalo; the Local 100 Teamsters First slate was comprised of the local union principal officer Dave Webster and was comprised of other officers and business agents; the No More Hoffa slate was a rank-and-file slate.

At the tally of ballots conducted April 5, 2016, all candidates on protestor Teamsters First slate received more votes than any other candidate. 

            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 all candidates on protestor Teamsters First slate won the positions they sought, we need not decide whether the conduct alleged here violated the Rules and, if it did, gave Bucalo’s slate an advantage or benefit prohibited by the Rules, because the Teamster First 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 195

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