Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TEAMSTERS UNITED,               )           Protest Decision 2016 ESD 262

                                                                        )           Issued: June 30, 2016

            Protestor.                                           )           OES Case Nos. P-310-062816-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 Dan Walsh 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 expressing support of Canadian Teamsters for the Hoffa-Hall 2016 slate were distributed among convention delegates inside the convention hall.  Investigation showed that such placards were observed on the convention floor, both in the hands of individual delegates and in a box to be distributed.  They were machine-folded accordion-style and, when folded and held firmly on one end and struck against an open palm with the fan-shaped opposite end, became effective noisemakers that Hoffa-Hall supporters used to applaud their candidates and to try to drown out opposing ones.  When these placards were observed, sergeants-at-arms confiscated them. 

The Hoffa-Hall campaign indicated that it understood the prohibition on display and use of campaign material such as these folded placards on the convention floor and did not condone the activity found here.  Campaign representatives instructed members of the Canadian delegation on these requirements.

The sergeants at arms of the convention, charged with responsibility for enforcing rules and decorum on the convention floor, also reiterated their knowledge of and support for the provisions barring display of campaign placards there.  The chief sergeant at arms expressed the intention of the corps 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 262

DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):