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Office of the Election Supervisor for the International Brotherhood of Teamsters

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

 

IN RE: JASON RABINOWITZ,                 )           Protest Decision 2021 ESD 52

                                                                        )           Issued: February 2, 2021

Protestor.                                           )           OES Case No. P-068-020121-FW

____________________________________)

 

Jason Rabinowitz, member and principal officer of Local Union 2010, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Eduardo Torres was not validly nominated for delegate because his nomination was not seconded.

 

Election Supervisor representative Jeffrey Ellison investigated this protest.

 

Findings of Fact and Analysis

 

            Local Union 2010 held the nominations meeting for its delegates and alternate delegates election on January 30, 2021.  In advance of that meeting, written nomination and written acceptance were timely submitted in support of the nomination of Eduardo Torres.  No written second of Torres’s nomination was received.  The writings concerning Torres’s candidacy were read aloud by the person presiding at the meeting.  After the written documents were read, the presider called for nominations and seconds from the floor.  No person seconded Torres’s nomination.

 

            Article II, Section 5(i) requires that a candidate be nominated by a member in good standing and that the nomination be seconded by another member in good standing.  Torres’s nomination therefore fails for want of a second. 

 

            For these reasons, we GRANT the protest and hold that Torres was not validly nominated.  His name shall not appear on the ballot.  

 

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.  Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i).  All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor.  Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

 

Barbara Jones

Election Appeals Master

IBTappealsmaster@bracewell.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, all within the time prescribed above.  Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision.  A copy of the protest must accompany the request for hearing.

 

                                                                  Richard W. Mark

                                                                  Election Supervisor

cc:        Barbara Jones

            2021 ESD 52

 

 

 

 

                                                                                                     

     


DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):

 


Bradley T. Raymond, General Counsel

International Brotherhood of Teamsters

braymond@teamster.org

 

Edward Gleason

egleason@gleasonlawdc.com

 

Patrick Szymanski

szymanskip@me.com

 

Will Bloom

wbloom@dsgchicago.com

 

Tom Geoghegan

tgeoghegan@dsgchicago.com

 

Rob Colone

rmcolone@hotmail.com

 

Barbara Harvey

blmharvey@sbcglobal.net

 

Kevin Moore

Mooregp2021@gmail.com

 

F.C. “Chris” Silvera

fitzverity@aol.com

 

Fred Zuckerman

fredzuckerman@aol.com

 

Ken Paff

Teamsters for a Democratic Union

ken@tdu.org


EduardoTorres

eduardotorres@mednet.ucla.edu

 

Teamsters Local Union 2010

Jason Rabinowitz

jrabinowitz@teamsters2010.org

 

Bob Bonsall

rbonsall@beesontayer.com

 

Deborah Schaaf

dschaaf@ibtvote.org

 

Jeffrey Ellison

EllisonEsq@gmail.com