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INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: HOFFA-HALL 2016,
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Protestor.
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Hoffa-Hall 2016 filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules
for the 2015-2016 IBT International Union Delegate and Officer Election (Rules). The protest
alleged that Teamsters United has forfeited accreditation status by amending its slate.
Election Supervisor representative Jeffrey Ellison investigated this protest.
Findings of Fact and Analysis
The protest, filed January 9, 2016, stated the following:
On behalf of the Hoffa-Hall 2016 Campaign (Hoffa Campaign), we protest the
accreditation of the Teamsters United Slate (TU), request that their Certification of
Candidate Accreditation be nullified and contend that any benefits of accreditation should
be withdrawn as to TU and its component candidates.
The circumstance precipitating this protest was TUs announcement, on or about January 9, that
candidates seeking particular International offices on its slate were now seeking different offices than
the ones for which they initially declared.
This protest raises three questions:
First, may a slate of candidates for International office permissibly amend its slate declaration
to change the offices that particular candidates seek? We answer this question by holding that the slate
members may do so, provided there is mutual consent of all slate members for the amendment and
they otherwise comply with the Rules.
Second, what impact does a change in offices sought have, if any, on the rights of a candidate
who is accredited for a particular office and then becomes a candidate for an office for which he/she is
not accredited? We answer this question by holding that a candidate accredited for one office who
changes the office sought to one for which he/she is not accredited ceases to be an accredited
candidate under the Rules and may not personally receive or exercise any of the benefits and privileges
the Rules grant to accredited candidates.
Finally, where the process by which candidates on a slate achieved the status of accredited
candidates was by circulation and submission of slate accreditation petitions, does a change in offices
sought by some but not all of the slate members have any impact on the rights of accredited candidates
on the same slate who continue to be candidates for the offices for which they were accredited? We
answer this question by holding that a candidate who achieved accreditation for a particular office
through slate accreditation petitions maintains the status of an accredited candidate, with the benefits
and privileges the Rules grant to an accredited candidate, provided he/she continues to be a candidate
General President
Vice President at Large
Vice President at Large
Vice President at Large
Vice President at Large
Vice President Central Region
Vice President Central Region
Vice President Eastern Region
Vice President Eastern Region
Vice President Southern Region
Vice President Western Region
On September 22, 2015, we held Jakwan Rivers ineligible for office. Eligibility of Rivers,
2015 ESD 32 (September 22, 2015).
On or about January 9, 2016, TU reported on its website that Fred Zuckerman had announced
his candidacy for Teamster General President and that Tim Sylvester will be running as the
Teamsters United candidate for General Secretary-Treasurer. 1
On January 14, 2016, an amended Teamsters United slate declaration form was filed with OES
reflecting the following candidates and offices they seek:
Fred Zuckerman
Tim Sylvester
John Thyer
Joe Darmento
Tony Jones
Bill Frisky
Randy Shepler
Matt Taibi
John Palmer
Richard Galvan
General President
General Secretary Treasurer
Vice President at Large
Vice President at Large
Vice President Central Region
Vice President Central Region
Vice President Eastern Region
Vice President Eastern Region
Vice President Southern Region
Vice President Western Region
http://www.teamstersunited.org/teamsters_united_moves_ahead_with_zuckerman_sylvester_at_top_of_ti
cket.
The amended declaration differs from the original in three ways. First, Riverss name does not appear
on the amended form, his candidacy having ended irrevocably when he was declared ineligible for
office. The remaining ten candidates listed on the amendment are the same as those appearing on the
original declaration. Second, Tim Sylvester, the candidate for General President on the original
declaration, is the slates candidate for General Secretary Treasurer on the amendment. Third, the
name of Fred Zuckerman, candidate for vice president at large on the original declaration, appears as
the candidate for General President on the amended declaration. The other eight candidates are listed
as candidates for the same positions as shown on the August 18 Teamsters United slate declaration.
Article VIII of the Rules governs slate formation, amendment, and expansion. Section 1(a) of
that article grants each candidate the right in conformity with this Article to seek nomination, be
nominated, campaign and appear on the ballot for any International Officer position as a member of
a slate of candidates, regardless of whether the slate is full or partial.
Candidates who join together as a slate enjoy certain procedural advantages under the Rules
over unaffiliated or independent candidates. For example, with respect to balloting, slates are listed on
the ballot ahead of independent candidates, and a voter may vote for all candidates on a slate by
marking the oval next to the slate name rather than marking the ovals next to each candidates name.
Further, slates can pursue accreditation status for individual candidates using slate accreditation
petitions, where a members signature on a petition counts as a signature for all candidates listed on
the petition.
The Rules define a slate as any grouping by mutual consent of two or more candidates.
Definition 42. Section 1(b) of Article VIII echoes this definition by declaring that [t]o form a slate,
there shall be mutual consent between and among all candidates running on the slate. Such mutual
consent shall be evidenced by the signing of a declaration by all members of the slate, giving the
position that each candidate seeks and the name, if any, of the slate to be formed. Section 2(a) states
that, [o]nce a candidate declares his/her intent to run as a member of a slate, he/she may not retract
such declaration.
We provide our Form 10 Declarations of Affiliation With a Slate that candidates are required
to use to indicate the formation of a slate under the Rules. The declaration each candidate makes by
signing the form includes the following:
I, the undersigned, hereby affiliate with the slate of candidates listed below. I declare that
I am a candidate for the position listed next to my name. I further declare that I have
agreed to form a slate with the candidates listed, and that they have agreed to form a slate
with me.
Our Advisory on Applying the Slate Rule to Candidates for International Office (June 20, 2006)
elaborated on the Rules article on slates at the time of the 2006 IBT convention. Its principles are fully
applicable to the current election. The second section of the advisory provides the following guidance:
II.
Neither Riverss name, signature, nor International officer position sought appears on the amended slate
declaration, for the reason that his candidacy has irrevocably ended. A candidate who signed a slate declaration
who thereafter ceases his candidacy is released from his promise to run as part of the slate, and the remaining
slate members are released from their obligation to run as part of the slate with the former candidate. Halstead,
2010 ESD 11 (August 2, 2010) (As a result of Keegels irrevocable cessation of his candidacy for International
office, Keegels consent is no longer needed to effect changes to the slate previously formed among him, Hoffa
and Bouvier. Candidates Hoffa and Bouvier may participate in a slate formed by mutual consent with other
candidates).
Candidates cannot now seek pre-convention accreditation. The deadline for submission of accreditation
petitions was December 15, 2015. Rules, Article X, Section 3.
4
As noted, Rivers was held ineligible for office, a determination that was unrelated to his demonstration of
sufficient petition support to achieve accreditation.
Kathleen A. Roberts
2016 ESD 67