Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TEAMSTERS UNITED,               )           Protest Decision 2016 ESD 259

                                                                        )           Issued: June 28, 2016

            Protestor.                                           )           OES Case Nos. P-308-062716-NA   

____________________________________)

            Teamsters United 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 the Hoffa-Hall 2016 slate impermissibly distributed campaign placards on the convention floor where campaign activity is prohibited and individual delegates displayed those campaign placards on the convention floor.

            Election Supervisor representative Jeffrey Ellison investigated this protest. 

Findings of Fact and Analysis

The Supplemental Election Supervisor Rules for the 29^th IBT Convention (“Supplemental Rules”) declare that “the convention floor (Paris Ballroom at Paris)” is a “politically neutral” location: “that is, displays of campaign material, signs, banners or similar items promoting the candidacy of anyone are prohibited” in this area, among many other areas.  Supplemental Rules, Article XI, Section B.  Further, “[d]istribution of literature supporting or opposing the candidacy of anyone is prohibited” on the convention floor.  [1]  This provision is repeated verbatim in Rule 46 of the convention rules adopted by the convention body on the morning of the first day of the convention.

The protest alleged that campaign placards distributed by the Hoffa-Hall 2016 campaign were displayed by convention delegates inside the convention hall.  The campaign advised us that campaign supporters distributed the placards to delegates at a campaign rally held in a location where such distribution is permissible and that delegates carried the placards into the convention hall.[2]  The campaign indicated that it understood the prohibition on display of campaign material on the convention floor contained in the Supplemental Rules and the convention rules and did not condone the display of partisan placards in the convention hall.

The sergeants at arms of the convention, charged with responsibility for enforcing rules and decorum on the convention floor, also indicated their knowledge of and support for the provisions barring display of campaign placards there.  Evidence was provided to us that deputy sergeants at arms confiscated campaign placards during the first day when they were observed.  The chief sergeant at arms expressed his intention to instruct the corps under his charge to continue to police compliance with this provision, both with respect to the display and distribution of campaign placards and literature.

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 ­­­259

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