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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: PETER SULLIVAN,                      )           Protest Decision 2016 ESD 201

                                                                        )           Issued: May 5, 2016

            Protestor.                                           )           OES Case No. P-230-032016-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 timely pickups of ballot packages returned as undeliverable, 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.


Ballots were mailed February 26, 2016.  Because of an error at the local union with respect to the mailing list used for that ballot mailing, we decided in Sullivan & Teamsters United AZ, 2016 ESD 149 (March 17, 2016), to mail ballots to the members who were not included in the original mailing and to establish April 14, 2016 as the date for counting of all ballots.  In the course of investigating and resolving that protest, evidence was produced that the local union had not checked the post office box for RAUs.


This protest followed.  The protestor asserted that the local union violated the Rules because the post office box designated for ballot packages returned as undeliverable (RAU) had not been checked.


Following the supplemental ballot mailing, a schedule was established and maintained whereby that post office box was checked three times weekly for the weeks of March 28 and April 4, with a final check on April 11.  Ballot packages retrieved on these checks were to be remailed as new addresses were obtained.


On this basis, we deem this protest 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


620 Eighth Avenue, 34th floor

New York, NY 10018


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 17th 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 201



Bradley T. Raymond, General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, NW

Washington, DC 20001


David J. Hoffa

1701 K Street NW, Ste 350

Washington DC 20036


Ken Paff

Teamsters for a Democratic Union

P.O. Box 10128

Detroit, MI 48210-0128


Barbara Harvey

1394 E. Jefferson Avenue

Detroit, MI 48207


Teamsters United

315 Flatbush Avenue, #501

Brooklyn, NY 11217


Louie Nikolaidis

350 West 31st Street, Suite 40

New York, NY 10001


Julian Gonzalez

350 West 31st Street, Suite 40

New York, NY 10001


David O’Brien Suetholz

515 Park Avenue

Louisville, KY 45202


Fred Zuckerman

P.O. Box 9493

Louisville, KY 40209


Peter Sullivan


Andrew Marshall


Teamsters Local Union 104

1450 South 27th Ave

Phoenix, AZ 85009


Mary Ann Campbell

13853 State Rd E

DeSoto, MO 63020


Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104