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Office of the Election Supervisor for the International Brotherhood of Teamsters


for the



IN RE: KIMBERLY SCHULTZ,               )           Protest Decision 2016 ESD 229

                                                                        )           Issued: May 31, 2016

            Protestor.                                           )           OES Case No. P-285-051216-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 Local Union 2011 failed or refused to process members’ requests for duplicate ballots properly.


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).


Ballots in the rerun election were mailed May 3, 2016.  The protest alleged that members who did not receive ballots as the result of this mailing and who phoned the local union office to request duplicate ballots either were not accorded prompt service or were not mailed duplicate ballots.


Investigation determined that Local Union 2011 established and maintained a procedure compliant with the Rules for receiving and filling requests for duplicate ballots.  This procedure included use of a form by local union staff to effectively and completely record the name, identifying information, mailing address, and phone number of persons making requests for duplicate ballots; a voicemail system to receive requests for duplicate ballots that included a voicemail announcement specifying the information needed; and an efficient process for filling the requests.  Following the filing of the protest, the local union amended the voicemail announcement to allow persons requesting duplicate ballots to bypass the general voicemail menu and proceed directly to the voice mailbox that handled duplicate ballot requests.


            On these facts, we DENY this protest.


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 229



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


Kimberly Schultz

18360 NE 22 Avenue

N. Miami Beach, FL 33160


Les Cantrell


Ken Wood


Bill Walsh


Holly Van Horsten

Kathleen M. Phillips

Phillips, Richard & Rind, P.A.

9360 SW 72 Street, Suite 283

Miami, FL 33173


Dolores Hall

1000 Belmont Pl

Metairie, LA 70001


Jeffrey Ellison

214 S. Main Street, Suite 212

Ann Arbor, MI 48104