Shorts, 2020 ESD 31

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: JOHN SHORTS,                             )           Protest Decision 2020 ESD 31

                                                                        )           Issued: October 23, 2020

Protestor.                                           )           OES Case No. P-038-101520-SO

____________________________________)

John Shorts, member of Local Union 767, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that the notice of submission of the local union’s proposed local union election plan was printed on letterhead containing the names of local union officers, in violation of the Rules.

Election Supervisor representative Dolores Hall investigated this protest.

Findings of Fact and Analysis

Local Union 767 will elect 9 delegates and 5 alternate delegates to the IBT convention.  It submitted its proposed local union election plan to the Office of Election Supervisor (OES) on September 28, 2020.  Article II, Section 4(e) of the Rules requires that the local union post notice on all union bulletin boards stating that the proposed plan has been submitted to OES for review and advising members of their right to submit written comments on the plan to OES.  Article II, Section 4(g) requires that the notice “shall be on Union letterhead that has no names of Union officers, business agents, staff or the like.” 

The notice that prompted the protest here was printed on union letterhead that listed the names of incumbent officers.  Secretary-treasurer Fernando Romo told our investigator that he recognized the error after he completed the posting, at a time when he was reviewing the Rules to determine if any additional action was required of the local union.  Upon discovering the requirement that letterhead without officers’ names be used, he directed that a revised notice be prepared and posted at all required locations.

Our investigator is informed that this second posting was completed and the original notices removed by October 16, 2020.  On this basis, we deem this protest RESOLVED.

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.  Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i).  All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor.  Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Barbara Jones

Election Appeals Master

IBTappealsmaster@bracewell.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, all within the time prescribed above.  Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision.  A copy of the protest must accompany the request for hearing.

                                                                  Richard W. Mark

                                                                  Election Supervisor

cc:        Barbara Jones

            2020 ESD 31