Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: PETER SULLIVAN,                      )           Protest Decision 2016 ESD 199

                                                                        )           Issued: May 5, 2016

            Protestor.                                           )           OES Case No. P-183-022316-GP     

____________________________________)                                                                  

Peter Sullivan, member of Local Union 104, 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 Local Union 104 failed to make the email list of members available for campaign use, in violation of the Rules.

            Election Supervisor representative Mary Campbell investigated this protest.

Findings of Fact and Analysis

Local Union 104 is entitled to elect nine delegates and three alternate delegates.  Two full slates and two unaffiliated delegate candidates competed for these positions.  The Teamsters United AZ slate was led by protestor Sullivan; the Andy Marshall Unity slate was led by local union principal officer Andrew Marshall.

Relying on the local union election plan prepared by a local union employee that indicated that Local Union 104 possessed a list of email addresses for its members, the protestor requested access to that list for the purpose of campaigning.  The local union’s reply was that the question about email lists in the local union election plan had been answered incorrectly and that the local union did not possess a list of email addresses for its members.  Based on that reply, the protestor requested to withdraw the protest.

Concluding that the purposes of the Rules are served by permitting withdrawal of this protest, we deem it WITHDRAWN.

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 199

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