Shorts, 2016 ESD 223

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JOHN SHORTS, SR.,                     )           Protest Decision 2016 ESD 223

                                                                        )           Issued: May 25, 2016

            Protestor.                                           )           OES Case No. P-055-092915-SO     

____________________________________)                                                                  

John Shorts, Sr., member of Local Union 767 and candidate for delegate, 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 retaliation, in violation of the Rules.

Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

             Shorts alleged that Joint Council 80 and Local Union 767 conspired to retaliate against him for Rules-protected activity to render him ineligible for nomination as local union officer and as delegate to the IBT convention from Local Union 767.  Specifically, Shorts, at the time of the protest the secretary-treasurer of Local Union 767, was the subject of internal union charges alleging that he improperly removed two members from active membership and intimidated a third member with a threat of removal, and further that after he was dismissed as local union business agent he impermissibly deleted documents from a computer and other electronic equipment that belonged to the local union.  Shorts asserted that these charges were false and were motivated by a desire to suspend him from membership so as to interrupt the continuous good standing necessary to be eligible for nomination as local union officer and as delegate.

            Trial on the charges was held in August 2015; the joint council issued its decision on September 24, 2015, finding Shorts guilty of the charges laid against him and ordering him suspended from membership for a period of two months.

            Shorts filed this protest and timely appealed to the General Executive Board the joint council’s decision.  In addition, Shorts on October 2, 2015, requested a stay of the suspension; the General President granted the request for stay, which remained in effect for the balance of time before the appeal was decided.

            His continuous good standing intact, Shorts ran for and was elected principal officer of Local Union 767.  In addition, he ran for and was elected delegate to the IBT convention.

            On March 21, 2016, General Secretary-Treasurer Ken Hall announced the decision of the General Executive Board on Shorts’s appeal, reversing the decision of the joint council and dismissing all of the charges against Shorts.

            Article VII, Section 12(g) prohibits retaliation for activity protected by the Rules.  The action Shorts cited as the basis for his protest was the joint council decision suspending him from membership for two months.  We find that the General Executive Board’s decision reversing the joint council’s decision and dismissing the internal union charges filed against Shorts moots his protest asserting that the joint council’s decision constituted impermissible retaliation under the Rules.

            Accordingly, we dismiss this protest as MOOT.

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 223

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