Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: HOFFA-HALL 2016,                      )           Protest Decision 2016 ESD 231

                                                                        )           Issued: June 2, 2016

            Protestor.                                           )           OES Case No. P-074-122915-SO     

____________________________________)                      

Hoffa-Hall 2016 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 a supporter of Teamsters United had displayed more campaign material on the literature table at Local Union 988 than was permitted by the Rules.

Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

            Local Union 988 established a literature table in its local union hall, as required by Article VII, Section 7(h) of the Rules and our Advisory On The Use Of Literature Tables Or Bulletin Boards For The Distribution Of Campaign Literature Inside Union Halls.  However, the local union did not initially establish the procedure by which candidates or their supporters placed literature on the table, nor did it post the notice on or near the table that is required by the Advisory.   

            The protest alleged that Tim Pagel, a member of Local Union 988, posted three pieces of literature on the table in plastic easels, affixed a plastic-covered document directly to the table, and displayed a binder of campaign material on the table.  All campaign material promoted Teamsters United or Pagel.

            The Advisory permits “[e]ach slate and each independent candidate … to have multiple copies of only one piece of literature of a size not larger than 8½” x 11” on the literature table or one copy of one piece of such literature on the bulletin board at any one time.”  Accordingly, the material Pagel displayed exceeded the allotment permitted by the Advisory.

            Photographs showed that the literature table had a surface measuring approximately 18” x 96.”  Pagel’s display occupied approximately one-third of the table at the left end. 

Photographs also showed that one-half of the table at the right end contained four stacks of flyers that promoted Hoffa-Hall 2016 or attacked Pagel or Teamsters United.  These multiple stacks of flyers also violated the Advisory’s limit of one piece of literature.

On intervention of our investigator, the local union placed the required notice on the literature table and established the procedure required by the Advisory for placement of materials on the table and policing the table for compliance.  In addition, Pagel removed his display of campaign materials on the first business day after speaking with our investigator and thereafter followed applicable procedures associated with the table.

The display of campaign materials supporting Hoffa-Hall 2016 and attacking Teamsters United and Pagel was also reduced so as to comply with the Advisory.

            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 231

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