Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JOE DARMENTO,                         )           Protest Decision 2016 ESD 271

                                                                        )           Issued: July 15, 2016

            Protestor.                                           )           OES Case Nos. P-296-052516-MW 

____________________________________)

            Joe Darmento, member of Local Union 2727 and candidate for International office, 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 2727 lead officers Tim Boyle and Steve Stone violated the Rules by using their official titles when campaigning against Darmento and the Teamsters United slate of candidates for International office.

            Election Supervisor representative Joe Childers investigated this protest. 

Findings of Fact and Analysis

Darmento was an unsuccessful candidate for the sole delegate seat in Local Union 2727’s delegate and alternate delegate election.  Local Union 2727 President and principal officer Boyle was elected to the delegate seat; the local union’s secretary-treasurer, Stone, won the alternate delegate seat.  The delegate and alternate delegate election concluded April 5, 2016. 

Darmento is also a candidate for International office on the Teamsters United slate.  On May 25, 2016, Darmento protested that Boyle and Stone were campaigning against him using a website titled boylestone2016.com.  The website content claimed that Darmento previously had different political alliances than he presents in the current election campaign.  The website lists the local union offices that Boyle and Stone hold.

The use of these titles does not violate the Rules as an impermissible union endorsement of the website’s campaign content because it does not convey a prohibited endorsement by the union.  Instead, such use is for identification purposes of Boyle and Stone only and thus is permissible under the Rules.  Jones, 2001 EAD 222 (March 8, 2001); Sandford, 2006 ESD 142 (April 3, 2006).

            Accordingly, we DENY this protest. 

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 271

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