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Office of the Election Supervisor for the International Brotherhood of Teamsters

Delgado, 2021 ESD 170

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

 

IN RE: RICK DELGADO,                          )           Protest Decision 2021 ESD 170

                                                                        )           Issued: November 3, 2021

Protestor.                                           )           OES Case No. P-203-102921-MW

____________________________________)

 

Rick Delgado, member of Local Union 743, 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 Local Union 743, under the leadership of Debra Simmons-Peterson, violated the Rules by sending get out the vote (GOTV) postcards to non-members presently or formerly employed at the Central States Funds.

 

Election Supervisor representative Joe Childers investigated this protest.

 

Investigation revealed that the GOTV postcards were sent by the IBT.  GOTV postcards sent by Local Union 743 were not addressed to non-members presently or previously employed at the Central States Funds.  Based on this evidence, protestor Delgado requested to withdraw the protest.

 

Concluding that withdrawal serves the purposes of the Rules, we deem this protest WITHDRAWN.  We note further that none of the non-member recipients of the GOTV postcards who were the subject of Delgado’s protest were sent ballot packages.  In addition, we note that even if they had been, eligibility to vote is determined on an individualized basis at the ballot count and requires that each voter be a member in good standing with dues paid through the month prior to the month in which ballots are tallied.  Accordingly, GOTV postcards sent to non-members, inadvertently or otherwise, does not implicate election integrity.

 

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 170


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

 

Fred Zuckerman

fredzuckerman@aol.com

 

Ken Paff

Teamsters for a Democratic Union

ken@tdu.org

 

Scott Jenkins

scott@oz2021.com


Rick Delgado

rdelgado@centralstatesfunds.org

 

Local Union 743

Debra Simmons-Peterson

dsimmons@teamsterslocal743.com

 

Joe Childers

jchilders@ibtvote.org

 

Bill Broberg

wbroberg@ibtvote.org

 

Jeffrey Ellison

EllisonEsq@gmail.com