Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: KIMBERLY SCHULTZ,               )           Protest Decision 2016 ESD 228

                                                                        )           Issued: May 31, 2016

            Protestor.                                           )           OES Case No. P-283-051016-SO     

____________________________________)                      

Kimberly Schultz, member of Local Union 2011, 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 Bill Walsh, a candidate for delegate on the slate that opposed Schutz’s slate, impermissibly used union resources to support his slate’s campaign by posting campaign materials on a Facebook page formerly maintained by Local Union 2011.

Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

In Schultz, 2016 ESD 156 (April 8, 2016), we found that delegate candidate William Walsh violated the Rules by promoting his slate’s campaign on a Facebook page that had been created by an IBT organizer for Local Union 2011 and that was still titled “IBT Teamsters Local 2011” at the time of the campaign posting, even though Walsh had taken the page over for personal use.  However, we held that the violation did not affect the results of the election.  Accordingly, we denied the protest.

Schultz appealed.  The Election Appeals Master affirmed our finding that the conduct violated the Rules but reversed our ultimate holding and concluded that the violation may have affected the outcome of the election.  Accordingly, the Election Appeals Master ordered that the Local Union 2011 delegates and alternate delegates election be rerun.  Schultz, 16 EAM 17 (April 25, 2016).

We deferred this protest for post-election consideration, pursuant to Article XIII, Section 2(f)(2).  A violation of the Rules found in post-election protests may be remedied only if it may have affected the outcome of the election.  Article XIII, Section 3(b).

Ballots in the rerun election were mailed May 3, 2016 and counted on May 27, 2016.  All candidates on the protestor’s FDOC Teamsters United slate polled more votes than any candidate on the FDOC Teamsters Strong slate.  For this reason, we have no need to determine whether Walsh’s alleged conduct constituted a Rules violation because, even if it did, the conduct did not affect the outcome of the election.

Accordingly, we DENY this protest as MOOT.

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 228

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