Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JEFFERY SCAGLIA &                )           Protest Decision 2016 ESD 314

            CHRIS TOOLE,                               )           Issued: October 26, 2016

                                                                        )           OES Case Nos. P-351-081916-NE &

            Protestors.                                          )                       P-355-082216-NE

____________________________________)                      

Jeffery Scaglia, member of Local Union 118, 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 alleged that the notice Local Union 118 was required to post on all union worksite bulletin boards pursuant to our decision in Scaglia & Camelio, 2016 ESD 280 (August 12, 2016) was not posted timely on the bulletin board at Wegman’s driving union worksite bulletin board.

Chris Toole, member and secretary-treasurer of Local Union 118, filed a pre-election protest alleging that Scaglia’s protest was frivolous and had no evidentiary support; further, the protest alleged that Scaglia had perjured himself by signing the protest in Case No. P-351-081916-NE.

            Election Supervisor representative Peter Marks investigated these protests.  They were consolidated for decision.

Findings of Fact and Analysis

Our decision in Scaglia & Camelio, supra (hereinafter, “ESD 280”), found that Toole had failed to insure postings of remedial notices required by two previous decisions, Local Union 118 Delegates and Alternate Delegates, 2016 ESD 256 (June 24, 2016), and Toole & Scaglia, 2016 ESD 272 (July 15, 2016).  The decision in ESD 280 also found that Toole had submitted compliance declarations to OES that were materially false, in that they asserted under penalty of perjury that the notices had been duly posted on all union worksite boards when investigation showed that postings were not made at certain specified locations.  As remedy for the failure to post and the false assertion of full compliance with those remedies, we ordered, among other things, the posting of a remedial notice on all union worksite bulletin boards detailing the local union’s violations of the two previous remedial orders. 

Protestor Scaglia filed the protest in Case No. P-351-081916-NE asserting that the notice required by ESD 280 was not posted on the worksite bulletin board at Wegman’s driving union board.  Scaglia’s protest stated that he received a text message photo of the board at that employer and concluded from reviewing that photo that the required notice was not posted there.

The photos attached to the protest demonstrate clearly that all three notices required by our decisions were posted on the board in question and were not defaced or covered up.  When this fact was brought to Scaglia’s attention, he requested to withdraw the protest.

Finding that withdrawal serves the purposes of the Rules, we deem Scaglia’s protest WITHDRAWN.

Toole’s protest contended that Scaglia made a knowingly false statement by submitting the protest claiming the ESD 280 notice had not been posted on the Wegman’s driving union bulletin board.  As Scaglia withdrew his protest, we DENY Toole’s protest as 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 314

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