Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: FRANK HALSTEAD,                   )           Protest Decision 2016 ESD 243

                                                                        )           Issued: June 16, 2016

            Protestor.                                           )           OES Case Nos. P-256-041116-FW   

____________________________________)

            Frank Halstead filed a pre-election protest pursuant to Article XIII, Section 2(a) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Local Union 572’s designation of Big Rig Media as the exclusive vendor for distribution of campaign material by blast email violated the Rules because Big Rig was allegedly slow and expensive.

            Election Supervisor representative Deborah Schaaf investigated this protest. 

Findings of Fact and Analysis

            The protest requested that the protestor’s slate be permitted to use Mosaic Strategies Group for its blast email services.  The protest indicated that Mosaic was less expensive and quicker, and had previously provided such services in other local unions under the Rules and had filed the appropriate affidavit with OES in those local unions by which it promised not to divulge or permit the inspection of the email list to its customer or use or transfer the list in any other way. 

The same day the protest was filed, Local Union 572 offered to make its email list available to Mosaic upon receipt of a fully executed OES Form 36, the affidavit guaranteeing that the list would be put only to the purpose for which it was provided and would not be used, transferred, shared for any other purpose, or provided for inspection.  Mosaic promptly provided the required affidavit, and the local union promptly transferred the list.

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 243

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