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Office of the Election Supervisor for the International Brotherhood of Teamsters

ELECTION APPEALS MASTER
IN RE:
DONALD RAY HARDISON, Protestor.
06 Elec. App. 028 (KC)

ORDER

This matter is an appeal from the Election Supervisor's decision 2006 ESD 158 issued March 28, 2006.

A hearing was held before me on April 5, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., Steven Newmark and J Griffin Morgan on behalf of the Election Supervisor, Barbara Harvey, Esq. on behalf of Donald Ray Hardison, Donald Ray Hardison, the original protestor, James Wright, President of Local Union 822 and the appellant in this matter.

This is the third violation of the Election Rules established by the Election Supervisor against James Wright, the President of Local 822. This series of violations is astonishing and cannot continue. Mr. Wright did not contest the first two findings against him, and does not do so here, except to complain that the penalty, which includes a $1,000 fine, is too severe. This I reject.

The Election Supervisor's discretion in fashioning an appropriate remedy is broad and is entitled to deference, which I give it here. Mr. Wright is warned, however, that any further violation of the Rules, intentional or otherwise, may result in his disqualification to participate as a candidate in pursuit of union office under the Rules.

SO ORDERED:
/s/ ____________________
Kenneth Conboy
Election Appeals Master
Dated: April 5, 2006