GRAFF, BALLAUER, BLANSKI & FRIEDMAN, P.C.

Certified Public Accountants

 

TWO NORTHFIELD PLAZA                                                                                                                                                          847/881-2540

SUITE 200                                                                                                                                                                              FAX 847/891-2549

NORTHFIELD. ILLINOIS 60093-1294                                                                                                                    Web Site: www.gbbfcpa.com

 

October 11, 2005

William Fadel

Wuliger, Fade! & Beyer

The Brownell Building

1340 Sumner Court

Cleveland, OH 44115

Re:      International Union of Operating Engineers

Local 18

2005 Election Protest

 

Dear Mr. Fadel:

Patricia Kohl’s protest letter dated September 21, 2005, incorrectly states that the results of the Election Committee certification were not complete, because the results by district for union wide offices was not provided. For the past two decades, the Election Committee has never certified the results by district for union wide offices; we were only authorized to certify results as in the past. RESPONSE: Decades of wrongdoing does not justify Mr. Blanski’s attempt at justifying the incomplete results. Furthermore, legal council had a responsibility to correct past decades of incomplete results. Officers and Executive Board Candidates were on the same ballot and had to be counted that way. Therefore 6 different numbers has to be totaled (6 districts) to come up with the total count for Officers statewide. Checks and Balances! How do the members of Local 18 know those numbers equaled the numbers they gave us?

Also, Patricia Kohl falsely states that I said that Pat Sink had the results of the election by district, and that I had stated that I provided such results to Mr. Sink. When she called and asked those two questions, she took me by surprise and I accurately stated that I was not sure. RESPONSE: Why would he be taken by surprise to such simple questions and why was he not sure unless he had something to hide? Could it be that he was not sure what Patrick Sink would want him to do? Patrick Sink is responsible for the majority of his firm’s income from Local 18; the annual audits of Local 18 finances, which is a substantial sum. This surely constitutes a conflict of interest. Blanski’s firm cannot conduct a fair unbiased election while incumbent candidates for officers are being opposed and have control of his employment by Local 18. Also, Blanski did say Sink had the results and had no problem giving them to me with the consent of the Election Committee.

Also, Patricia Kohl erroneously states that I did not call Warren Wright I did call Warren Wright but did not get through and did not leave a message. RESPONSE: Blanski told me he did not call Warren Wright even though he said he would but would not tell me why he didn’t. Warren Wright told me he has caller ID (and voice mail) which would identify if a call was missed even though no message was left. Warren Wright said he had not had a call from Blanski. Warren Wright is an honest man and will not lie. In Patrick Sink’s verbal response to the Executive Board he failed to provide any statement from Warren Wright to refute my statements. Furthermore, at the Executive Board meeting the Board failed to question Warren Wright as to the accuracy of the statements I made.  Phone records of Blanski and Wright would determine who is lying.

 I would like to state that the Executive Board did not question anyone on any statements included in my protest or the protest of other members of local 18. A few board members did make statements of opinions. Mr. Sink purposely denied the Board (as well as all protesters) written documentation of anything on which they were expected to rule. When I filed my protest on September 21, 2005 I included the request that copies of my protest be sent to the Board and president Triplett ignored my request. The Board itself failed to demand any written documentation or ask any questions. This in itself should constitute reason to overturn the Executive Board’s decision and order a new election.

Also contrary to what Patricia Kohl states, I did not call Pat Sink after I talked to her; nor did Pat Sink ever tell me not to give the results to anyone. Also she more or less states that I gave the results by district to Pat Sink. I did not tell Patricia Kohl that I gave the results to Pat Sink. RESPONSE: BUT Mr. Blanski does not say he did not give them to Sink, only he didn’t say he did. He did tell me he gave the results to Mr. Sink and had no problem giving them to me with the Election Committee’s permission. Why did the request stop that day?  Mr. Blanski stated he tried to call Mr. Wright, why did he not pursue this? He says he did not call Mr. Sink. I would request that phone records of Blanski, Sink and Warren Wright be reviewed and honesty can be determined! I also cite Mr. Rosenblat’s statement “Included with her materials, Ms. Kohl provided a copy of the 2002 election results broken down by district. That is immaterial. Even if the results were provided to some in that way in prior elections, the decision of the Union in those circumstances does not bind the Union to adopt the same practices in subsequent elections. This is a statement from an attorney who no one claims to have hired. Rosenblat refers to “the decision of the Union in those circumstances does not bind the Union to adopt the same practices in subsequent elections”. He admits that the union decides what results other candidates and members gets in what years and that the Business Manager and Officers have the results. My point exactly, Sink has the results, he was given them by Blanski, and the results by district do not add up to the number they reported. OTHERWISE AN HONEST BUSINESS MANAGER, WHO HAS NOTHING TO HIDE AND BELIEVES IN DEMOCRACY, WOULD DEMAND THAT HIS MEMBERS BE GIVEN ANY AND ALL PROOF OF THEIR VOTES.

Patricia Kohl also alleges that the election rules require the publication of the eligible list of candidates in the July issue of the Buckeye Engineer. RESPONSE: It is clearly stated in the By-Laws of Local 18, Article XIII, Section 13. Furthermore, Article XIII, Section 11 states that “the Election Committee Shall conduct the election in accordance with these By-Laws, the International Constitution, such rules and regulations as may be promulgated by the Executive Board of this Local Union, and in strict conformity with applicable law. Any question or dispute arising regarding the election procedures shall be referred tot the Local Union’s Executive Board for a ruling”. This was not done.

 It should be noted:

1. The July Buckeye Engineer did list the name of every candidate that was nominated and correctly identified them as nominees not as eligible candidates. The August issue listed only the names of the candidates that were determined eligible by the Election Committee. This is consistent with the practice of at least the past two decades. RESPONSE: Again, two decades of wrongdoing is appalling; we have paid legal council thousands of dollars for advice! Furthermore, this means there has been decades to amend the By-Laws.

This practice was also approved during 1993 when the Department of Labor supervised the election. RESPONSE: This practice was not “approved” by the Department of Labor in 1993. That election was monitored; this issue was not one of the protests of the 1990 election which was the cause of the monitoring of the 1993 election.

2. It should be noted that the July issue of the Buckeye Engineer is submitted for publication in June which is before the July 11th district meeting which is required for candidates to attend in order to be eligible. RESPONSE: The By-Laws must be enforced and if this is an issue, they have had decades to make amendments!

Page 2

3. Also a number of acceptance letters are generally not received until early July. For example, some acceptance letters were postmarked June 28 and June 29 were not received until July of 2005. RESPONSE:  The By-Laws must be enforced until such a time they are amended and if this is an issue, they have had decades to make amendments!

The Election Committee complied the best way possible by asking the Union to publish the name of all candidates nominated in the July issue of the Buckeye Engineer. RESPONSE: The By-Laws must be enforced until such a time they are amended and if this is an issue, they have had decades to make amendments!

Patricia Kohl protests the fact that we did not wait for the post office to count the secured ballots before they were transported to the union hail. It is not clear as to how they would have counted the ballots. RESPONSE: The USPS counts millions of pieces of mail every day! Suzette Travis informed them when the question was asked that it would only take a few minutes. They were not counting ballots; they were counting pieces of mail received.

1. If the post office wanted to summarize the receipts that they had received so far, the post office made it clear that they did not have the total receipts for the last day of mailing. So if this method was applied, the count would have been inaccurate. RESPONSE: This seems very simple so I must be missing something; they would be counting pieces of mail we received and unless the USPS made errors that would be accurate. Some mention was made that sometimes there were piece of mail in our box that was not ours. That could easily be reconciled by counting those pieces and subtracting that number from the number of pieces that were ours.

2. If the post office counted the ballots by hand such a procedure would have imposed an unreasonable time restriction upon the process. RESPONSE: Again, Suzette Travis said they had a machine and it would take minutes.

3. Observers had ample opportunity to inspect the truck, and observe the complete procedure of transporting the ballots from the post office to the union hall. RESPONSE: It is the right of all candidates to ask for checks and balances. I should not have had to ask, that the Committee would have demanded a count of what they were getting.

4. It should be noted that the Election Committee which consisted of a quorum decided upon the procedure of not counting the ballots at the post office before the secured and locked bags of ballots were transported to the union hall. Historically, the counting of the ballots has always been performed at the union hail, not the post office. RESPONSE: The Election Committee Rules states a quorum is 7, there were only a total of nine Election Committee members who appeared for the vote count, therefore, all did not go to the post office and I question if there was a quorum. Again, this was not a count of ballots; it was a count of pieces of mail received.

Patricia Kohl appears to be saying that I had access to the mail and the post office box before the time that the Election Committee picked up the ballots. That is absolutely not true, I only had the authorization and ability to find out how many ballot kits were at the post office in order for me to assess whether we had enough people working on the day of the election. In accordance with the written instructions to the post office no one had access to the post office box receiving the ballot kits. The instructions to the post office were signed by Pat Sink and the Election Committee (see attached). RESPONSE: No where in Local 18 By-Laws, The Election Rules, or the International Constitution does it give Blanski this privilege. The By-Laws specifically states in Article XIII, Section 15, Item C, that “No one will have access to the post office box until the specified time and date”. Patrick Sink, a candidate, gives Blanski this privilege in his letter. This brings up the question that, as a candidate, why is Pat Sink writing letters for the Election Committee? Furthermore, in his letter, Sink refers to the number of the box which means the box was rented prior to the letter. Who rented the box and when? Who got the keys? Sink also directs the box be plugged on August 8, 2005. Since we don’t know who rented the box, when it was rented, or who has the keys, what was put into that box prior to August 8, 2005? A letter from Patrick Sink representing the Election Committee is a violation of election laws.

Patricia Kohl also points out that she knew of one member who received an extra ballot in his ballot kit. This happens extremely infrequently. This year we were notified of three individuals who claimed they received an extra ballot. Three was not enough to make a difference in this election. RESPONSE: If they were notified of three, we all know there were many more considering 14266 ballots were mailed.

These occurrences were truly isolated cases. It should be noted that during the verification of voter eligibility and the counting of the ballots, no member tried to vote more than once. However, the voter numbers and the tracking procedures are used to prevent a member from voting more than once and when the ballots were removed from the secrecy envelopes, there were no incidences of extra ballots. RESPONSE: A certain number of ballots were printed; each member was to receive 2 different ballots, one with Officers and Executive Board for each district, and one with Advisory Board for each district. At the end when all 14266 envelopes were ready to mail, there should have been a checks and balances of the remaining ballots with equal numbers of each. This would not reconcile if 3 ballot kits contained 3 ballots. Blanski fails to state which ballot the three members got extra, Officers and Executive Board, or Advisory Board. Additional questions:

1. How many ballots were printed?

2. Where are the extra ballots?

3. How many ballots were returned as non-deliverable?

4. Where are those ballots?

If you have any questions, please call.

 Very truly yours,

Michael Blanski

MB/ms

cc: Steve Rosenblat