Rabinowitz, 2021 ESD 51
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: JASON RABINOWITZ, ) Protest Decision 2021 ESD 51
) Issued: February 2, 2021
Protestor. ) OES Case No. P-067-020121-FW
____________________________________)
Jason Rabinowitz, member and principal officer of Local Union 2010, 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 Franco Francisco was not validly nominated for delegate because his nominator was not a member in good standing of the local union.
Election Supervisor representative Jeffrey Ellison investigated this protest.
Findings of Fact and Analysis
Local Union 2010 held the nominations meeting for its delegates and alternate delegates election on January 30, 2021. In advance of that meeting, written nomination, written second, and written acceptance were timely submitted in support of the nomination of Franco Francisco. The writings were read aloud by the person presiding at the meeting.
The protest alleged that Francisco’s nominator, Ivan Escolastico, is not a member of the local union. The TITAN membership record identifies Escolastico as a non-member who does not pay dues or fees to the local union.
To be eligible to nominate a member for delegate or alternate delegate, the nominator must be a member in good standing, with his/her dues paid through the month prior to the month in which the nominations meeting is held. Article II, Section 5(i). Escolastico was not a member in good standing at the time of the nominations meeting, therefore his written nomination of Francisco was of no effect. As Francisco lacked two members in good standing to nominate and second his nomination, the nomination fails.
For these reasons, we GRANT the protest and hold that Francisco was not validly nominated. His name shall not appear on the ballot.
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
2021 ESD 51
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Kevin Moore
Mooregp2021@gmail.com
F.C. “Chris” Silvera
fitzverity@aol.com
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Franco Francisco
Fefrancisco321@yahoo.com
Ivan Escolastico
escolasticoivan@yahoo.com
Teamsters Local Union 2010
Jason Rabinowitz
jrabinowitz@teamsters2010.org
Bob Bonsall
rbonsall@beesontayer.com
Deborah Schaaf
dschaaf@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com