Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TEAMSTERS UNITED,                 )           Protest Decision 2016 ESD 266

                                                                        )           Issued: June 30, 2016

            Protestor.                                            )           OES Case Nos. P-312-062916-NA   

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            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 voter guides in the line of voters assembled in the hallway outside the voting area before polls opened.

            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 “[d]uring the time the Election Supervisor is conducting nomination voting, electioneering and campaign activity will not be allowed in or around the voting areas.  This prohibition includes distribution of campaign literature …” 

Voting for IBT regional vice presidents took place commencing at 5 p.m. PDT on Wednesday, June 29, 2016 in the Gold Ballroom of Bally’s Hotel.  To maintain an orderly process, the Office of the Election Supervisor has established a line demarked with stanchions and ropes that separate delegates intending to vote from passersby in the hallway.  No campaign activity is permitted in the area where rope and stancheons are in place.  Sergeants at arms monitor and patrol the line. 

Delegates began arriving in the line outside the closed doors of the voting area around 4 p.m. that day.  Witnesses our investigator interviewed estimated that they arrived together to find themselves some 75 to 100 voters deep in that line.  One told us that after he was in line for about 15 minutes, the delegate in front of him, whom he did not know, handed him a stack of Hoffa-Hall 2016 sample ballots with the ovals marked next to that campaign’s candidates.  “Take one and pass it back,” was the message.  The witness instead placed the stack on the floor outside the roped line and left it there.  After a moment, another delegate further down the line picked up the stack and began passing it down the line again, taking one flyer before handing the stack off to the next delegate.

None of the witnesses our investigator interviewed notified a sergeant at arms of the distribution of campaign flyers they observed.

Our investigator interviewed two sergeants at arms who were present to monitor the line and enforce the rules there.  Both stated that they were present beginning at 3:50 p.m., before any delegate arrived.  Both stated they observed no leafletting anywhere along the line demarked by the ropes at any time from when the first delegate arrived to when polls closed.  Had they seen the activity protested here, they assured our investigator they would have confiscated the flyers.

Voting on the nominations for General President and General Secretary-Treasurer will occur today, June 30, 2016, commencing at 5 p.m. PDT.  We will enforce the  “no campaign” rule along the line of voters and will enlist the assistance of the sergeants at arms for this purpose.  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 266

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