Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

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

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 201

DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):