Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: RONALD CAUDILL,                    )           Protest Decision 2016 ESD 218

                                                                        )           Issued: May 23, 2016

            Protestor.                                           )           OES Case No. P-216-031116-ME     

____________________________________)                                                                  

Ronald Caudill, member of Local Union 40, filed a post-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 daily checks of the post office box designated for return of undeliverable ballot packages was unreasonable and a hardship.

Election Supervisor representative Dan Walsh investigated this protest.

Findings of Fact and Analysis

            Local Union 40 is entitled to elect one delegate and one alternate delegate.  At the nominations meeting held February 6, 2016, two candidates were nominated for each position.  At the candidates meeting conducted immediately after the nominations meeting concluded, candidates were advised in writing that the post office box designated for ballots returned as undeliverable (RAU) would be checked every weekday at 10 a.m., beginning March 8 and continuing through April 1.  The written observer rights notice also stated that local union secretary-treasurer Jamie Beans was designated to check the RAU post office box and retrieve any ballot packages returned there.  Beans was not a candidate in the election.

            On March 11, more than a month after receiving this notice, protestor Caudill protested that the daily check for RAUs represented a hardship for him to observe.  He requested that the schedule for checking the post office box for RAUs be adjusted to weekly from daily.  He supported this request by alleging that Beans supported the slate that Caudill opposed in the delegate and alternate delegate election.

            Frequent checks of the post office box designated for RAUs serve the important purpose of enfranchising members who have moved from the addresses listed for them in union records.  The check of the post office box is an observable event under Article IX, Section 5 of the Rules.  Here, the local union announced a schedule for checking the designated post office box.  The schedule frequency was reasonable, as was the time of day set for those checks.  The person designated to perform the checks was an official of the local union who was not a candidate in the election.  Our investigator informed protestor Caudill on March 14 that if he could not observe the checks himself daily, he had the right under Article IX, Section 1(a) to designate one or more local union members to perform the observation function on his behalf.

            Article XIII, Section 2 requires that protests be filed within two working days of the date the alleged violation occurred.  Here, Caudill was informed of the schedule on February 6 and did not file his protest until March 11.  His proposal to change to a weekly schedule for checking the post office box for RAUs did not comply with the requirement of frequent checks and, if honored, risked disenfranchising members.

            For these reasons, we DENY this protest on the merits and as untimely filed.

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 218

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