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Office of the Election Supervisor for the International Brotherhood of Teamsters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

November 21, 1995

 

VIA UPS OVERNIGHT

 

Victor Romero

7750 Willow Creek Drive

Middleton, ID 83644

 

Walter Engelbert, Secretary-Treasurer

Teamsters Local Union 670

750 Browning

Salem, OR 97302

 

Re:              Election Office Case No. P-220-LU670-PNW

 

Gentlemen:

 

A pre-election protest was filed with the Election Officer pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”).  By letter dated November 1, 1995, Victor Romero, a member of Local Union 670, contends that an error contained on the face of ballots mailed to members for the local’s delegate and alternate delegate elections disenfranchised Spanish-speaking members. The Election Officer deferred this protest for consideration post-election pursuant to Article XIV, Section 2(f)(2).

 

Specifically, Mr. Romero states that while ballots were sent to voters in both English and Spanish, the instructions on the Spanish ballot incorrectly indicated that such ballots were to be returned by 9 a.m. on September 28, 1995, rather than on the correct ballot-return date of November 2, 1995.  The ballots were not mailed to members until October 13, thus the return date indicated on the Spanish ballot was prior to receipt of the ballots by the voters.  Mr. Romero argues that as much as 40 percent of the local union’s Spanish-speaking members may have been disenfranchised due to the error.  Mr. Romero also states that the address given for requesting duplicate ballots was also incorrectly stated on the Spanish ballot.


Victor Romero

November 21, 1995

Page 1

 

 

Local Union 670 Secretary-Treasurer Walter Engelbert, who is also a member of the winning slate of candidates, responds that the delegate election should not be re-run for the following reasons:  1) Despite the error in the return date and the name of the Regional Coordinato.r on the Spanish version of the ballot, the voters were repeatedly advised throughout the election process, in both Spanish and English, of the correct ballot-return date and the correct regional coordinator.  Thus, the English and Spanish versions of the local union plan summary and the English and Spanish versions of the notice of election were posted.  Both documents had the correct ballot-return date and the appropriate regional coordinator.  In addition, in the September 1995 issue of the Oregon Teamster, the notice of the election was published in English and Spanish and contained the correct ballot-return date.  This publication was mailed to all eligible local union members.  Finally, the winning slate of candidates published a campaign flier in Spanish and English which was passed out to thousands of members and stated in large print, “In October Make Your Voice Heard!”  2) Not one member telephoned any of the local union offices and there is no information that any member mentioned to union officer or steward that there were errors on the Spanish version of the ballot or that they were confused as to the appropriate ballot-return date.  3) The protester, Mr. Romero, is English-speaking and voted in the election.  4) The protester has not produced a single witness who did not vote due to the error in the ballot.  5) Any re-run election ordered by the Election Officer will have a different population of members voting because so many of the seasonal employees will have already left the area.  6) The Spanish-speaking members of Local Union 670 have historically had low voter turn-out in elections.

 

This protest was investigated by Regional Coordinator Christine M. Mrak.

 

The Election Officer’s investigation reveals that Local Union 670’s delegate and officer election was conducted by mail-ballot.  Each mail packet contained a single ballot.  On one side of the ballot, the instructions were written in Spanish and on the other side the instructions were written in English.  The instructions specifically indicated by what date such ballots must be received by the Election Officer in order to be counted.  The ballot-return date was correctly stated on the English side of the ballot and on the ballot-return envelope.  Unfortunately, the return date given in Spanish was incorrectly stated as September 28, 1995, 15 days before the packet was mailed.  A clerical error did occur and the Rules were violated due to the Election Officer’s failure to accurately inform the Spanish-speaking members of the local union when ballots should be returned.  This oversight was due to an error at the Election Office.  No local union officers or candidates were in any way responsible.  Similarly, the Election Officer’s investigation reveals that the address given for requesting duplicate ballots on those ballots printed in Spanish was also incorrect.

 

Ballots were counted on November 2, 1995, with 1,365 members voting.  The election was for nine delegate positions and three alternate delegate positions.  The results of Local

Union 670’s delegate and officer election are listed below.

 


Victor Romero

November 21, 1995

Page 1

 

 

Delegates:

 

Rank                            Name                                                        Vote                                          Slate or Independent

   1                            Walter Engelbert                             706                                          The Member’s Voice

   2                            Diana Franken                            638                                           The Member’s Voice

   3                            Barbara Thornton                            636                                          The Member’s Voice

   4                            Charlie Sims                                          631                                          The Member’s Voice

   5                            Judy Jones                                          629                                          The Member’s Voice

   6                            Betty Buckel                                          628                                          The Member’s Voice

   7                            Rita L. Harris                                          627                                  The Member’s Voice

   8                            Bernie Stuckert                            627                                          The Member’s Voice

   9                            Debbie Bretnauer                            250                                          Members First

10                            Lewie W. Allen                            195                                          Members First

11                            Dorothy Skovgard                            194                                          Members First

12                            Kenneth Helfer                            191                                          Members First

13                            Elisandro (Alex) Urrea, Jr.              191                                          Members First

14                            Tim T. Leonard                             185                                          Members First

15                            Zelma F. Colley                            182                                          Members First

16                            Joe Wodyga                                          164                                          Members First

17                            Kerry A. Poppaw                            163                                          Members First

18                            Larry Thorpe                                          142                                          Independent

19                            Roy L. Basl                                          126                                          Independent

20                            David Silbernagel                            111                                          Independent

21                            John Struchen                                86                                          Independent

 

Alternate Delegates:

 

Rank                            Name                                                        Vote                                          Slate or Independent

   1                            Sandy Stewart                            733                                          The Member’s Voice

   2                            Harold Abbot                                          695                                          The Member’s Voice

   3                            Bill Gregoroff                             688                                          The Member’s Voice

   4                            Janet Silbernagel                             190                                          Independent

 

 

Article XIV, Section 3(b) of the Rules provides that post-election protests shall be considered and remedied only if the alleged violation may have affected the outcome of the election.  Thus, a violation of the Rules is not grounds for setting aside an election unless there is a reasonable probability that the outcome of the election may have been affected by the violation.  Wirtz v. Local Unions 410, 410A, 410B & 410C, International Union of Operating Engineers, 366 F.2d 438 (2d Cir. 1966).  To determine whether an effect exists, the Election Officer determines whether the effect was sufficient in scope to affect the outcome of the election and/or whether there is a causal connection between the violation and the results or outcome of the election. Dole v. Mailhandlers, Local 317, 132 L.R.R.M. 2299 (D.C.M.D. Ala. 1989).   Since the Election Officer has already determined that the Rules have been violated, the issue thus becomes whether the violations affect the outcome of the election.


Victor Romero

November 21, 1995

Page 1

 

 

For the reasons set forth below, the Election Officer determines that the violation regarding the return date for ballots in the Spanish instructions may have affected the outcome of the election.   A total of 14,286 ballot packets were mailed to Local Union 670 members, and each packet contained a single ballot printed in Spanish and English.  Some 1,365 ballots were cast and received by the U.S. Postal Service, and the number of valid ballots counted totaled 1,035.  This represented 9.55% of the members who were mailed ballots and constituted the lowest percentage of member participation in any of the delegate elections supervised by the Election Officer to date.  377 votes separated the candidate winning the final delegate position and the candidate finishing just behind,[1] and 498 votes separated the candidate winning the final alternate delegate position and the candidate finishing just behind.[2]   Despite these large margins, the Election Officer finds that it is impossible to determine how many of the 13,121 voters who did not cast ballots would have exercised their right to vote if the error in the ballot had not occurred.  See Marshall v. American Postal Workers Union, 486 F. Supp. 79 (D.D.C. 1980).   The Election Officer recognizes, as argued by the local union, that the voters were repeatedly advised of the correct ballot-return date.  That fact, however, does not diminish that a Spanish- speaking voter had an improper ballot-return date in the ballot instructions included on the ballot they were to cast .  There is simply no way to discern how many voters failed to cast their ballots due to this error by the Election Office.

 

Accordingly, the Election Officer concludes that the improper return date on the Spanish side of the ballot may have affected the outcome of the election.  Based on the foregoing, the delegate election in Local Union 620 is declared void and a new election, which will be conducted by the Election Officer, is directed.  The Election Officer will be in communication with all of the nominated candidates with respect to the details of the re-run election.

 

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter.  The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal.  Requests for a hearing shall be made in writing and shall be served on:

 

Kenneth Conboy, Esq.

Latham & Watkins

885 Third Avenue, Suite 1000

New York, NY 10022

Fax (212) 751-4864

 


Victor Romero

November 21, 1995

Page 1

 

 

Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 North Capitol Street, Suite 855, Washington, D.C. 20001, Facsimile (202) 624-3525.  A copy of the protest must accompany the request for a hearing.

 

Sincerely,

 

 

 

Barbara Zack Quindel

Election Officer

 

 

cc:               Kenneth Conboy, Election Appeals Master

Regional Coordinators

 


[1]Bernie Stuckart won the ninth delegate position with 627 votes; Debbie Bretnauer tallied 250 votes.

[2]Bill Gregoroff won the third alternate delegate position with 688 votes; Janet Silbernagel tallied 190 votes.