Camelio & Figliotti, 2016 ESD 274

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: CHRISTOPHER CAMELIO         )           Protest Decision 2016 ESD 274

            & MIKE FIGLIOTTI,                     )           Issued: July 15, 2016

                                                                        )           OES Case No. P-254-040916-NE &             

            Protestors.                                         )             P-255-040916-NE

____________________________________)                                                        

            Christopher Camelio and Mike Figliotti, members of Local Union 118, filed identical pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protests alleged that the Markwitz Slate violated the Rules by distributing campaign material in a work area.

            Election Supervisor representative Peter Marks investigated these protests. 

Findings of Fact and Analysis

            Local Union 118 was entitled to elect five delegates and two alternate delegates to the IBT convention.  Two slates competed in this election.  All members of the Clean Slate, on which protestors Camelio and Figliotti were delegate candidate, were elected.  The tally of ballots was completed on February 27, 2016.

            The protests alleged that a flyer purportedly the work of “Members for the Truth” was distributed in a work area at Wegman’s, an employer under the jurisdiction of Local Union 118, on or about April 8, 2016.  The flyer attacked the protestors and one other member who was elected as part of the Clean Slate.  The protests further alleged that the flyer actually was produced and distributed by members of the slate the protestors defeated in the delegates and alternate delegates election.

Local Union 118 will elect its officers later in 2016.  Article I of the Rules limits our jurisdiction to the delegates and alternate delegates election and the International officers election; our jurisdiction does not extend to local union officers elections.  We reviewed the content of the flyer and considered the timing of the distribution.   Based on that review, we conclude that the flyer is directed at the local union officers election.  In reaching this conclusion, we are not persuaded that the flyer distribution constitutes an act of retaliation against the protestors prohibited by Article VII, Section 12(g).

Accordingly, we DENY these protests for lack of jurisdiction. 

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.  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 274

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