GEB Minutes legal department as part of the letter of credit supplied for the Municipal Utility District. Case No. 15 Appeals Associate General Counsel Andrew Bucci reported first on an appeal to the General Executive Board of Tony Delfino, Mike Dodgin, Ken Holback, and Kenny Mendoza of IUOE Local 3, Alameda California appealing from a decision of Local 3 which denied his protest to the Local 3 Election of Union Officers. Russell Burns, Local 3 Business Manager and International Vice President recused himself from voting on this Appeal. Associate Counsel Counsel Bucci reported that this appeal was heard by a panel earlier appointed pursuant to the provisions of Article V, Section 7 of the International Constitution. At this session of the meeting of the Board, the panel submitted a report containing its conclusions, findings of fact and recommendation. After consideration of the panel report and on motion duly made and seconded, the Board adopted the conclusions, findings of fact, and recommendation of the panel, ruling: THAT, Appellants fail to demonstrate that any election violations occurred. THAT, Appellants fail to demonstrate that the election was tainted by bias or conflicts of interest. THAT, Appellants fail to demonstrate that the investigation of their protest was tainted by bias or conflicts. THEREFORE, the appeal lacks merit and does not present a sufficient basis to overturn the election. Associate General Counsel Bucci reported on an appeal to the General Executive Board of Glen Johnson, Eric O’Gary, Arlen Marquis, Dennis Loosbrock, and Dustin Loosbrock, IUOE Local 49, Minneapolis, Minnesota appealing from a decision of Local 49 which denied his protest to the Local 3 Election of Union Officers. Associate General Counsel Bucci reported that this appeal was heard by a panel earlier appointed pursuant to the provisions of Article V, Section 7 of the International Constitution. At this session of the meeting of the Board, the panel submitted a report containing its conclusions, findings of fact and recommendation. After consideration of the panel report and on motion duly made and seconded, the Board adopted the conclusions, findings of fact, and recommendation of the panel, ruling: THAT, the Appeal fails to demonstrate that any candidate was in violation of the International Union’s Campaign Website Resolution January 14, 2019 or was otherwise responsible for the CWR violation, or that any candidate “coordinated” with anyone to violate the CWR or any other rules governing the election. The identity of the website administrator remains unknown. No candidate posted any comments on the site which could be construed as campaigning, and no evidence has been submitted demonstrating that any candidate asked anyone to post comments on their behalf, formulate any comments posted on their behalf, or communicated at all about campaigning with any of the persons posting on the site. Appellants are able to point to exactly one posted comment on the Facebook site by a member of the George Slate. That single instance comes from Oscar Sletten, Treasurer, in which he replied to a discussion about how to mail a ballot, in which Mr. Sletten posted “Jeremy Rawlins Thanks brother.” THAT, in investigating the complaints raised in the election protest the Local 49 Election Committee demonstrated good faith, exercised due diligence, and acted reasonably in finding that any violation of the Campaign Website Resolution did not affect the outcome of the election. THAT, the Local 49 Election Committee made extensive efforts to enforce the Campaign Website Resolution. On five occasions the Election Committee attempted to enforce compliance by contacting the anonymous administrator of the Facebook page. At the urging of the Election Committee, a candidate attempted to contact the administrator to urge compliance. The Election Committee wrote to the International seeking assistance in securing compliance. The General President sent a letter to the Election Committee concerning compliance with the CWR which was sent to both slates. The Local hired a forensic investigator in an unsuccessful effort to uncover the identity of the administrator. These steps establish that enforcement efforts to secure compliance with the CWR were substantial. The inability of the Local or the Election Committee to secure compliance with the CWR by an unknown administrator under all the facts of this case does not demonstrate a failure to safeguard a fair election or discriminatory application of the CWR. THAT, the Appeal failed to demonstrate that the Election Committee failed to follow or enforce any bylaw or provision of the International Constitution. THAT, the Appeal failed to demonstrate any instances of discriminatory deprivation of a member’s right to cast a meaningful vote. THAT, the Appeal failed to demonstrate that the Facebook page was administered or in any way controlled by the George Slate, and thus they have failed to show that the George Slate was responsible for posting the Union’s logo or photo of a candidate. In addition, the appeal failed to show under the facts of this case that the limited misuse of the logo or use of a photo by the unknown administrator was deceptive so that members would have reasonably concluded that the Facebook page was an official communication from the Local or endorsement of a candidate or slate by the Local. THAT, the Appeal failed to demonstrate that any union property, such as the union’s membership list or contact information belonging to the union, was misappropriated or used in an election campaign. THAT, the Panel does not agree with the Appellants’ assertions that the Election Committee conceded that alleged campaign website violations could have affected the results of the election. The Election Committee’s decision clearly states, “By a vote of 3-2, a majority of the Committee concluded that the CWR violation was not outcomedeterminative.” The Committee’s decision further states on page 5, as the title to the subheading of Section 1, B “The CWR Violation Was Not Outcome- Determinative.” The Panel agrees with the Committee’s findings that the CWR violation was not outcome determinative. THAT, the Appeal fails to demonstrate that any candidate received financial support from contractors. THAT, the Appeal fails to demonstrate that any candidate or member of the Election Committee committed a campaign violation with respect to divulging the union’s private information. THAT, the Appeal fails to demonstrate that any candidate “publicized false information that undermines Local 49 and the IUOE as Institutions and/or Supports a Rival Union; moreover, it is not the job of the Election Committee to police campaign rhetoric. THAT, the Appeal fails to demonstrate that the Election Committee failed to implement adequate safeguards to ensure a fair election. The Appeal provides only one allegation concerning election safeguards, claiming that the printing of 688 extra ballots and envelopes constitutes election misconduct on the part of the Election Committee. This was an action of the printer not the Election Committee and the extra ballots were preserved by the Election Committee. The facts of this case do not demonstrate that the printing of extra ballots, all of which are accounted for, was a violation of safeguards for a fair election. THAT, the Appeal fails to demonstrate bias or collusion between the Election Committee and the George Slate. THEREFORE, after considering the facts presented, the arguments raised and the totality of the circumstances it is found that the appeal lacks merit with regard to all grounds raised by Appellants and does not present a sufficient basis to overturn the election or any of the remedies sought by Appellants. Accordingly, the appeal is denied. Case No. 16 Contributions General President Callahan advised the Board of several requests by charitable organizations and others seeking financial contributions. After some discussion of these various requests, it was regularly moved and seconded that the matter of donations and the amount thereof be left in the hands of the General President and the General Secretary-Treasurer. This motion was put to a vote and unanimously carried. Case No. 17 2019 Meeting Locations General President Callahan advised the Board of the dates and locations for upcoming GEB meetings. Case No. 18 Good of the Order A variety of issues and subjects important to the welfare of the International Union were discussed. Case No. 19 Payment of Expenses in Holding Meeting It was regularly moved and seconded that the General Secretary-Treasurer be authorized to pay the expenses incurred in connection with this meeting of the General Executive Board. The motion was put to a vote and was unanimously carried. There being no further business to come before the General Executive Board, upon a motion made, seconded and carried, General President Callahan adjourned the meeting. I, Brian E. Hickey, General Secretary-Treasurer of the International Union of Operating Engineers, hereby certify that the foregoing is a true copy of the minutes of the General Executive Board Meeting on January 14, 2019. Fraternally yours, Brian E. Hickey General Secretary-Treasurer 28 INTERNATIONAL OPERATING ENGINEER SUMMER 2019 29
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