Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: TEAMSTERS UNITED,               )           Protest Decision 2016 ESD 291

                                                                        )           Issued: September 28, 2016

            Protestor.                                           )           OES Case No. P-325-071316-FW     

____________________________________)                      

Teamsters United 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, filed July 13, 2016, alleged that Local Union 2010 impermissibly refused to produce its email list to the protestor’s third-party vendor and unreasonably delayed action to resolve the protest.  On July 20, 2016, protestor Teamsters United filed Protest No. P-327-072016-NA, an omnibus protest against fourteen local unions, including Local Union 2010, alleging they failed or refused to produce email lists to the protestor’s third-party vendor in violation of the Rules.

In Teamsters United, 2016 ESD 282 (August 19, 2016), appeal withdrawn, we addressed only the portion of Protest No. P-327 that was filed against Local Union 2010, granting the protest and ordering the local union to produce its email list to protestor’s vendor by August 22, 2016.  The local union complied with our order.

We conclude that our decision issued in 2016 ESD 282 resolved all issues pending against Local Union 2010 that were raised by Teamsters United’s protests in both Protest No. P-327 and Protest No. P-325.  Accordingly, we find that further consideration of Protest P-325 is not warranted and hold it MOOT.

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 291

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