JUDICIAL PANEL CASE NO. 05-87
Local 2627 Election Protest

This matter concerns a protest of an election of officers in Local 2627 held on June 20, 2005. Local 2627, New York City Electronic Data Processing Personnel, is affiliated with New York District Council 37. The protests were filed by Brothers Cody Childs, Steve Weiner, Artie Kellam and Sister Andrea Bobrow.

After receiving an unsatisfactory response at the local level, the protestants filed a timely appeal with the Judicial Panel.

The case was assigned to Judicial Panel Chairperson John Seferian for investigation and decision. Following due notice to all interested parties, the hearing was held on August 10, 2005 in New York City.

REPORT OF THE INVESTIGATING OFFICER
The first item of Brother Kellam's protest dealt with the fact that some members alleged that although they did not receive their ballots, they did receive campaign material from the Hysyk slate in the mail. It is apparent that there were two different mailing lists used in this election. One was provided by District Council 37 to AAA for the mailing of the ballots and the other was the local's list which was used for candidate campaign mailings. The fact that the two lists may not have been similar is not a violation of the election manual or the International constitution. This item of the protest is denied.

The second item of Brother Kellam's protest was also contained in the Bobrow, Childs and Weiner protests. It was undisputed and further reflected in the minutes of the May 21, 2002 general membership meeting minutes of Local 2627, that a motion was passed by the membership that for the 2002 election the candidates on the ballot should be listed in alphabetical order. In addition to statements presented at the investigative hearing, the undersigned reviewed the minutes of the May 17, 2005 nomination meeting submitted by Brother Childs and also listened to an audiotape of the May 17, 2005 nominations meeting . (Brother Childs should have turned over the minutes of the May 17, 2005 meeting, the audiotape and any other records he had in his possession to the newly elected secretary of the local, Peter Jablin. Instead, he turned over the materials to the undersigned at the hearing).

Brother Hysyk, as the incumbent President, chaired the May 17, 2005 meeting. Prior to turning the meeting over to Brother Charles Michaels, election committee chair, Brother Hysyk made some preliminary statements concerning the election. Prior to nominations, Brother Kellam asked a question concerning the construction of the ballot. Brother Hysyk explained that the issue of the ballot would be discussed subsequent to nominations. Nominations were thereafter conducted and concluded by Brother Michaels and the meeting was turned back over to Brother Hysyk. According to the election chairperson, once the normal business of the local was completed, there was no longer a quorum present at the meeting. Brother Kellam stated that he then had an informal conversation regarding the ballot construction after the membership meeting concluded. Brother Michaels stated that the following day he was off of work. On Thursday of that week he talked with an attorney from DC 37 concerning the manner, in which the names would be placed on the ballot. Brother Michaels talked to Brother Kellam on Friday and told him that the candidates' names would be listed by slates. Brother Kellam thereafter informed his slate of the ballot construction.

The election manual is clear concerning the preparation of the ballot. It states:

"Most locals print the names on the ballot in the order in which the candidates were nominated, and this practice is perfectly proper. Some locals list the candidates in alphabetical order, and this practice is also perfectly proper. Some locals determine the order of names by drawing lots, and this practice is also perfectly proper. What is not proper is to change from the method used previously to a new method after the nominations have taken place. If a change from one method to another is desirable, the new procedure should be approved by membership vote (or announced by the Election Committee) before the nominations begin."

It is apparent that in this election the method used to list candidates' names on the ballot was changed from the method previously used after the nominations took place. This is a violation of the AFSCME Election Manual. The undersigned finds that this violation could have affected the election outcome.

DECISION
The protests as filed by the protestants are upheld as to the ballot issue. A new election is ordered for Local 2627 to be held within 50 days of receipt of this decision. The candidates shall be the same as in the original election. The ballot shall be constructed listing the names in alphabetical order as it was done in the 2002 election.