Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: CHRIS LANG,                                )           Protest Decision 2016 ESD 327

                                                                        )           Issued: November 10, 2016

            Protestor.                                           )           OES Case No. P-414-111016-NE     

____________________________________)                      

Chris Lang, member of Local Union 814, 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 Hoffa-Hall 2016 slate received an impermissible employer contribution.

            Election Supervisor representative Peter Marks investigated this protest.

Findings of Fact and Analysis

The protestor asserted that, on November 9, 2016, he observed a Walton Hauling truck bearing a Hoffa-Hall 2016 sticker being driven by a member of Local Union 817.  He included with the protest a photo of the truck that showed the sticker and the truck’s license plate. 

Through the efforts of our representative and Local Union 817 president Tommy O’Donnell, the sticker was removed on November 10, the day after it was first observed by the protestor.  Video depicting the removal of the sticker was provided to our representative.  The video proved that the truck from which the sticker was removed bore the same license plate as that portrayed in the photo that accompanied the protest.

We have held the posting of campaign material on employer property to be an improper endorsement of a candidate by an employer.  Hoffa-Hall 2016, 2016 ESD 64 (January 8, 2016).  However, the prompt removal of the improper endorsement has often been held sufficient remedy for the protest. Id. See also, Halstead, 2006 ESD 386 (October 26, 2006); Wright, 2006 ESD 361 (October 2, 2006); Leedham Slate, 2006 ESD 301 (July 5, 2006); Halstead, 2005 ESD 31 (June 6, 2005); Domeny, 2001 EAD 499 (October 5, 2001); Speak, 2001 EAD 239 (March 14, 2001). 

On these facts, 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 327

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