Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: RITA HARRIS,                               )           Protest Decision 2016 ESD 342

                                                                        )           Issued: December 15, 2016

            Protestor.                                           )           OES Case No. P-379-101016-FW     

____________________________________)                      

Rita Harris, a member and elected delegate of Local Union 670, 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 Local Union 670 failed to pay her the lost wages and travel expenses required by our Advisory Regarding Payment of Expenses For Convention Delegates and Alternate Delegates to the 29th International Convention of the International Brotherhood of Teamsters.

            Election Supervisor representative Deborah Schaaf investigated this protest.

Findings of Fact and Analysis

Not contested in this case was that protestor Harris was properly elected as a Local Union 670 delegate, that she attended the IBT convention in that capacity, that she was entitled to payment by the local union per our Advisory of certain lost wages and travel expenses, and that she submitted an appropriate request to Local Union 670 for that compensation. 

On July 22, 2016, IBT General President Hoffa appointed International representative Matthew Fazakas as temporary Trustee over the affairs of Local Union 670.  The Trustee, along with IBT auditor Heather Wieker, then commenced the process of reconstructing the local union’s financial records for 2015 and 2016, as the previous administration had apparently not maintained adequate financial documentation and records as required by the IBT constitution and US Department of Labor regulations.  Protestor Harris submitted a written request for lost wages and travel expenses to the local union, receipt of which was acknowledged by Trustee Fazakas on September 2, 2016.  Harris filed the instant protest on October 10 after payment was not received.  On October 14, Fazakas wrote Harris stating that the request for reimbursement would not be approved or issued until the union’s financial records were reconstructed, as Fazakas was unable to conclude that the requested reimbursement had not been made before the trusteeship was imposed.  

After intervention by our representative, the local union made the requested reimbursement.

With the consent of the protestor, 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 342

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