McGovern & Prickett, 2016 ESD 221

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JERRY McGOVERN &                )           Protest Decision 2016 ESD 221

            JEREMY PRICKETT,                   )           Issued: May 25, 2016

                                                                        )           OES Case No. P-140-020116-MW   

            Protestors.                                          )

____________________________________)                                                                 

Jerry McGovern and Jeremy Prickett, members of Local Union 89, 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 officials of Southern Standard Carton directed the protestors to cease campaigning in the parking lot and leave the premises, in violation of the Rules.

Election Supervisor representative Joe Childers investigated this protest.

Findings of Fact and Analysis

            Local Union 89 is entitled to elect eighteen delegates and eighteen alternate delegates to the IBT convention.  At the local union’s nominations meeting held January 6, 2016, two full slates of candidates were nominated to contest the election.  Protestors McGovern and Prickett were nominated, respectively, for delegate and alternate delegate on the Hourly Workers Unite to Lower Dues Slate.  That slate was opposed by the Zuckerman/Bolton slate.  At the tally of ballots held March 2, 2016, on 3,273 ballots counted, all candidates on the Zuckerman/Bolton slate polled more votes than any candidate on the Hourly Workers Unite slate.  In the delegates contest, the margin between the successful candidate with the fewest votes and the unsuccessful candidate with the most votes was 961; in the alternate delegates race, the corresponding margin was973.

            The protest alleged that on February 1, 2016, the two protestors campaigned in the parking lot of Southern Standard Carton, an employer under the jurisdiction of Local Union 89.  According to the protest, they campaigned “for a while,” distributing campaign flyers to Teamster members employed there.  The protest stated that minutes after a steward proceeded inside the work facility, a woman appeared, stated she was the head of HR and was acting on instruction of COO Tony Petralia, and directed the campaigners to leave the premises.

            We deferred this protest for post-election consideration pursuant to Article XIII, Section 2(f)(2).  Post-election protests “shall only be considered and remedied if the alleged violation may have affected the outcome of the election.”  Article XIII, Section 3(b).

            Dues payment records show that 107 members of Local Union 89 are employed at Southern Standard Carton.  Under the post-election standard of Article XIII, Section 3(b), we conclude that the conduct alleged, even were it shown to violate the Rules, would not have affected the outcome of the election.  The protestors did campaign at the facility “for a while.”  The number of members potentially affected by the alleged violation (the members who may have come to the facility after the protestors were asked to leave) was a small fraction of the electoral margin.

Accordingly, we DENY this protest.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within three (3) 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 221

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