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Office of the Election Supervisor for the International Brotherhood of Teamsters

ELECTION APPEALS MASTER
IN RE:
JOHN DEPIETRO, Protestor.
06 Elec. App. 033 (KC)

ORDER

This matter is an appeal from the Election Supervisor's decision 2006 ESD 183 issued April 15, 2006.

A hearing was held before me on May 5, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq. and Steven R. Newmark on behalf of the Election Supervisor, John Peckoff, President of Local Union 317, Tim Caza, Casey Davidson, Steve Lyke and Mark May local union members and John DePietro, the appellant in this matter.

The protestor asserted that he had been retaliated against because of his candidacy for delegate as an insurgent running against Local 317's President John Pekoff. He claimed that he was forced to transfer to a more physically demanding job with his employer UPS, and that this transfer was caused by Pekoff and motivated by campaign related animus arising out of his political candidacy.

When questioned by the Election Supervisor's investigator, Pekoff demonstrated that sixteen (16) changes in job positions at UPS were made within the thirty day period in which DePietro's change occurred. The Election Supervisor concluded that DePietro's allegation that Pekoff had singled him out for adverse action because of his delegate candidacy is not support by the evidence, and denied the protest.

On appeal, DePietro provides no specific grounds to attack the decision, and made no attempt to impugn the evidence underlying the Election Supervisor's decision.

Accordingly, that decision is affirmed.

SO ORDERED:
/s/ ____________________
Kenneth Conboy
Election Appeals Master
Dated: May 8, 2006