Moskal, 2021 ESD 118
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: BILL MOSKAL, ) Protest Decision 2021 ESD 118
) Issued: June 4, 2021
Protestor. ) OES Case No. P-145-052421-MW
____________________________________)
Bill Moskal, member and elected delegate from Local Union 700, 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 principal officer Ramon Williams violated the Rules by submitting to OES for approval a plan to host delegates and alternate delegates of the local union for in-person Convention proceedings without approval of the local union executive board.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
The 30th IBT convention is to be held virtually because of the covid-19 pandemic. Under OES advisory, no delegate may be compelled to travel to any location to participate in the convention. However, local unions may host, or participate with other local unions to host, in-person gatherings of delegates and alternate delegates that meet standards established in our Advisory on Minimum Standards for Convention Delegate Facilities.
Principal officer Williams submitted a proposal for Local Union 700’s delegation. Protestor Moskal filed a protest, contending that the proposal was invalid because it had not been approved by the local union executive board. The issue the protest presented was whether Williams as principal officer had the authority under local union bylaws to submit the proposal without ratification of it by the executive board.
We do not decide that issue here. Rather, we find that the proposal Williams submitted did not meet the minimum standards set out in our Advisory for in-person gathers of convention delegations. Accordingly, we have rejected the proposal and advised the relevant parties of this decision.
Based on our rejection of the plan Williams submitted, we deem Moskal’s protest challenging Williams’ authority to submit the plan MOOT and DISMISS the protest on that basis.
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 118
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
Bill Moskal
Coach1259@aol.com
Teamsters Local Union 700
Ramon Williams
ramonw@teamsterslocal700.com
Joe Childers
jchilders@ibtvote.org
William C. Broberg
wbroberg@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com