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Office of the Election Supervisor for the International Brotherhood of Teamsters

December 16, 1998




Joseph Padellaro

December 16, 1998

Page 1


Joseph Padellaro

28 Basin Road

Newburyport, MA 01950


Kenneth J. Woodring

Teamsters Local Union 115

2833 Cottman Avenue

Philadelphia, PA 19149


Robert Benedetto, Sec.-Treas.

Teamsters Local Union 145

804 Fairfield Avenue

Bridgeport, CT 06604


John P. Morris, Sec.-Treas.

Teamsters Local Union 115

2833 Cottman Avenue

Philadelphia, PA 19149


James Brennan, President

Teamsters Local Union 169

1355 W. Cheltenham Avenue

Elkins Park, PA 19027


Metz Slate

c/o Jim Smith

2833 Cottman Avenue

Philadelphia, PA 19149


George O. Suggs, Esq.

Wilburn & Suggs

1015 Locust

Suite 818

St. Louis, MO 63101


Arthur Z. Schwartz

Kennedy, Schwartz & Cure, P.C.

113 University Place

New York, NY 10003


Patrick J. Szymanski

Baptiste & Wilder

1150 Connecticut Ave., Suite 500

Washington, DC 20036

Joseph Padellaro

December 16, 1998

Page 1


Re: Election Office Case Nos. PR-411-EO-EOH





Joseph Padellaro

December 16, 1998

Page 1


Joseph Padellaro, a candidate for Eastern Region Vice-President on the John Metz Slate, and Kenneth J. Woodring, a member of Local Union 115, filed pre-election protests pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (Rules).  Both protesters allege that members in the Eastern Region who requested duplicate ballots were sent Central Region ballots.  The Election Officer deferred these protests for post-election review pursuant to his pursuant to his authority under Article XIV, Section 2(f)(2) of the Rules.


These protests were investigated by Deputy Election Officer Benetta M. Mansfield.


The ballots for the International Officer Rerun Election were mailed to members on November 2, 1998.  Beginning November 6, 1998, the Election Officer began operating the boiler room at the Count Site.  Members who had not received ballots, or who needed a duplicate ballot (because they ruined the first ballot) called the boiler room to make such a request.  The information received at the boiler room was transmitted to a remail operation, which was responsible for creating a label and sending out a duplicate ballot to the member making the request.  Even before the boiler room opened, however, the Election Officer began remailing ballots.  The Election Officer had withheld from the initial mailing of several thousand ballots that had known local union or employer addresses or incomplete address information, and started to remail those ballot packages.


On or about November 6, 1998, the Election Office logged the first call from a member in the Eastern Region requesting a duplicate ballot.  During the period that the boiler room operated (November 6 through November 27, 1998), the Election Officer received 1,833 calls from Eastern Region members requesting a ballot.  Fifteen of those calls came from members stating that they had received a Central Region ballot in their remail packet.  In each of those 15 cases, the Election Officer remailed to the member a second time, this time with an Eastern Region ballot to correct the previous error. 


Prior to the vote count, the Election Officer investigated the possible extent of this problem.  The Election Officer has determined that any Central Region ballot erroneously mailed to members in the Eastern Region occurred when the remail operation started.  The Election Officer has determined that the error could have occurred only during the first three days of remail, i.e., November 7, 9 and 10.  When the remail supervisor was advised of the error through the calls to the boiler room, strict measures were taken to insure that this did not occur. 


There were 583 ballots remailed to members in the Eastern Region during the first three days of remail. There is no evidence that all 583 contained the wrong ballot.  Indeed, the evidence shows that the error affected very few people. While there is no way to know the precise number of Eastern Region members who received Central Region ballots, the Election Officer finds that the error was not widespread, and certainly not involve all 583 members, for the following reasons:


Joseph Padellaro

December 16, 1998

Page 1


First, the Eastern Region members who received ballots remailed on or before November 10, had  ample time to contact the boiler room to receive the correct ballot.  These were members who had already contacted the boiler room for a new ballot so they knew how to do so. Because the error occurred early in the process, there was ample time to remail the correct ballot.  Despite that clear opportunity, the boiler room received only 15 calls from Eastern Region members regarding the erroneous receipt of the Central Region ballot.


Second, at the count, any Cental Region ballots received from members in the Eastern Region were sent to remark-remake, so the information could be placed on an Eastern Region ballot.  The remark-remake supervisors were told to keep track of such ballots.  Only six Central Region ballots were sent to remake-remark from Eastern Region local unions during the count.


There is no question that an error was made in the first few days of remail.  Based upon call volume, the Election Officer believes that this error did not involve more than 15 or 20 members.  The protest could be denied on that basis alone.


However, even assuming that it involved the entire 583 remailed ballots to Eastern region members during the first four days of remail, this error could not have affected the outcome of the election.  The margins in the races between the winning candidate with the least votes and the losing candidate with the most votes in the Eastern Region, as detailed below, are all far more than 583.


Office                                                                      Margin in the Eastern Region

General President:                                          21,585

General Secretary-Treasurer:              17,734

At-Large Vice-President:                            19,013

Trustee:                                                        19,404

Eastern Region Vice-President:               19,295


Accordingly, the protests are DENIED.


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


Joseph Padellaro

December 16, 1998

Page 1


Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 N. Capitol Street, Suite 445, Washington, DC 20001, Facsimile

(202) 624-3525.  A copy of the protest must accompany the request for a hearing.









Michael G. Cherkasky

Election Officer




cc:               Kenneth Conboy, Election Appeals Master