ELECTION APPEALS MASTER
IN RE:
ADRIAN HUFF, Protestor
05 Elec. App. 001 (KC)
ORDER
This matter is an appeal from the Election Supervisor's decision 2005 EAD 6. Adrian Huff, a member and candidate for delegate in Local Union 445, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). He alleged that the local union failed to provide him with the worksite list for the upcoming delegate and alternate delegate election.
By order dated August 18, 2005 the Election Supervisor denied the protest. Relying upon Article II, Section 4 of the Rules, the Election Supervisor concluded that the Rules impose an obligation upon a local union to provide a worksite list to a candidate only after the local union has submitted to the Office of the Election Supervisor for its approval a plan for the conduct of its delegate election. Since the local union had not yet submitted the work list, being a constituent part of the overall plan, the Election Supervisor concluded that candidate Huff's request for the worksite list was premature and denied the protest.
Barbary Harvey, counsel to Mr. Huff, submitted a letter brief dated September 6, 2005 challenging the Election Supervisor's decision. Ms. Harvey cites Election Rules, Art. VII, § 1(b) that declares "[c]andidates are entitled to updated worksite lists on request and LMRDA § § 101(a)(1) and 401 (c) which prohibit discrimination between insurgents and incumbents, the latter presumably having access to the lists. Ms. Harvey cites a series of federal cases interpreting these LMRDA provisions as support for her argument attacking the Election Supervisor's ruling.
Jeffrey J. Ellison, for the Election Supervisor, submitted a responding letter brief dated September 20, 2005. Mr. Ellison disputes the applicability of the federal cases cited by Ms. Harvey.
A hearing was conducted on this matter September 23, 2005. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq. for the Election Supervisor's Office; Barbara Harvey, Esq. on behalf of Adrian Huff; and Fred Smit, Secretary Treasurer of Local 445 on behalf of Teamsters Local Union 445. During the hearing, Mr. Smit, advised that he had sent Mr. Huff by certified mail the requested worksite list. Ms. Harvey confirmed by letter dated September 23, 2005 that Mr. Huff has received the worksite list requested.
Accordingly, the appeal is moot.
SO ORDERED:
_/s/_______________________
Kenneth Conboy
Election Appeals Master
Dated: September 27, 2005