2021 EAM 10 (re: ESD 55)

ELECTION APPEALS MASTER

FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

            Protest Decision 2021 ESD 55, which addresses a pre-election protest filed by Jim Brady, was issued on February 4, 2021 (OES Case No. P-064-012721-NE) by the Election Supervisor.  The protest alleged that the nominations of Patrick LoPresti and James Santangelo for delegate and alternate delegate, respectively, violated the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (the “Rules”).    

On February 4th, the Office of Election Supervisor determined that Mr. Brady’s claims fell outside of its subject matter jurisdiction and denied the protest.   On February 6, 2021, Mr. Brady appealed the decision.  On February 8, 2021, by Notice of Hearing, the Election Appeals Master scheduled a telephonic hearing for February 10, 2021. 

On February 9, 2021, the Office of Election Supervisor submitted supplemental written argument in support of its position.            

A telephonic hearing was held on February 10, 2021.  The following individuals attended the hearing:  Jeffrey J. Ellison, Esq. on behalf of the Office of the Election Supervisor; Jim Brady on his own behalf; and Thomas Kennedy, counsel for Local One-L, Graphic Communications Conference.

Decision of the Election Appeals Master

Since January 2019, James Santangelo has been the Secretary-Treasurer for Local One-L, Graphic Communications Conference of the IBT.  He was first appointed to that position by Patrick LoPresti in January 2019 and was subsequently elected Secretary-Treasurer following a local officer’s election in September 2019. 

On January 26, 2021, Mr. Santangelo was elected alternate delegate in Local One-L’s International Union delegates election.  Mr. Brady claims that Mr. Santangelo was ineligible to run as an alternate delegate in that election because he did not properly “work in the craft” within the jurisdiction of the Local Union for a period of twenty-four (24) consecutive months.  See Article VI, Section 1(a).  The basis for Mr. Brady’s claim is that Mr. Santangelo’s appointment and subsequent election as Secretary-Treasurer in 2019 constituted violations of Article V, Section 5.1 of Local One-L’s bylaws.  As a result, Mr. Brady contends that Mr. Santangelo did not earn his position as Secretary-Treasurer legitimately and, therefore, the work he has done as an officer over the last two years cannot be considered “in the craft” under the Rules. 

The issues presented by Mr. Brady, however, involve Local Union matters unrelated to the Rules.  Whether Mr. Santangelo appropriately attained the position of Secretary-Treasurer is a question concerning the application of Local One-L’s bylaws, not the eligibility requirements of the Election Rules.  Thus, based on the facts presented here, Mr. Brady’s protest falls outside of the Election Supervisor’s subject matter jurisdiction and the Rules themselves.  See Rules, Article I.     

            Accordingly, the Election Supervisor’s decision is AFFIRMED.

SO ORDERED,

Hon. Barbara S. Jones (Ret.)

Election Appeals Master

DATED:         February 23, 2021
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