Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: MIKE WEBB,                                 )           Protest Decision 2016 ESD 278

                                                                        )           Issued: August 1, 2016

            Protestor.                                           )           OES Case Nos. P-322-071116-SO    

____________________________________)                      

Mike Webb, member of Local Union 391, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest was filed against Election Supervisor Richard Mark and IBT General President James Hoffa and alleged that behavior on the floor of the 29^th International Convention violated Webb’s rights.

            Election Supervisor representative Jeffrey Ellison investigated this protest.

Findings of Fact and Analysis

            Webb was not a delegate or alternate delegate to the IBT convention nor did he attend the convention.  He filed this protest after observing on the web two cellphone videos of events at the convention.  The first depicted Tim Sylvester of the Teamsters United slate accepting his nomination for General Secretary-Treasurer from a microphone on the floor of the convention.  The video was taken Thursday, June 30, 2016 and lasted 30 seconds.  Sylvester spoke for 14 seconds and said the following:

I am Tim Sylvester, Teamsters Local 804, the home of Ron Carey; and I proudly accept the nomination of General Secretary-Treasurer.  Thank you, Brothers and Sisters.  Thank you.

The audio the cellphone recorded was broadcast through the convention hall sound system.  Many delegates in proximity to the cellphone user who captured the video are heard booing. 

The second cellphone video was taken Friday, July 1, 2016 and lasted 6 minutes and 11 seconds.  It was shot from the section of the convention hall open to the public; it depicts the departure from the hall of a large majority of delegates, most of whom are wearing the red vests associated with the Hoffa-Hall 2016 campaign.  The video contains an audio track that was substituted for the original audio.  The sound on the substituted audio is that of sheep, apparently being herded in a pasture.  The video shows that, while the Hoffa-Hall delegates are departing the convention hall, the Election Supervisor is seen standing at the podium.  Although the audio of this video recording does not reflect the sounds from the podium or the convention floor (if any), the transcript of proceedings shows the following:

ELECTION SUPERVISOR MARK: Delegates, the next speakers are Fred Zuckerman and Tim Sylvester.

We’ll wait for the Convention to come to order before they speak.

. . . The Hoffa-Hall slate and supporters left the Convention floor. 

ELECTION SUPERVISOR MARK: Okay, the Convention will come to order for the acceptance speeches for Mr. Sylvester and Mr. Zuckerman.  I call Tim Sylvester and Fred Zuckerman to the podium.

(Cheers and applause)

Protestor Webb contends with respect to the first video that the noise on the convention floor “interfered with the proceedings and at times prevented delegates and candidates to exercise their rights to participate in the election process.”  Concerning the events depicted in the second video, Webb argued that “the orchestrated walk-out on the last day of the convention disrupted and delayed the proceedings and was a sign of lack of respect for IBT leaders and fellow members.”  Webb added, generally that “the fact that this went unchecked is a violation of the democratic process that was supposed to be protected by those in charge of maintaining order at the convention.  The millions of dollars spent to conduct this convention was not used in the best interests of IBT members when these activities were allowed to go on unchecked.”

No similar protest was filed by a candidate for International office or by a delegate or alternate delegate who was present to witness the proceedings.  All candidates who sought to be nominated at the convention successfully had their nominations and seconds made on the convention floor, and those present exercised their right to give oral acceptance of their nominations from a floor microphone.  The sound system conveyed these proceedings to those in the convention hall who wished to hear them.  Accordingly, we find no activity or behavior that prejudiced the exercise of rights of candidates or delegates on the convention floor.

With respect to what Webb characterized as an “orchestrated walk-out” on the final day, members have the right to hear – or to refuse to hear – the campaign solicitation of a candidate.  Article VII, Section 12(e).  The delegates who exited the hall had the right under the Rules to refuse to listen to the acceptance speeches of candidates they did not support.  At the request of the Teamsters United slate, the Election Supervisor did not start the clock on the acceptance speeches of Sylvester and Fred Zuckerman until the delegates who wished to leave the hall had done so.  We reject Webb’s argument that this “delay” in the proceedings violated the Rules finding no provision of the Rules that required the speeches to take place during the six minutes delegates used to exit the hall. 

Finding no Rules violation, 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 278

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