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Office of the Election Supervisor for the International Brotherhood of Teamsters

ELECTION APPEALS MASTER
IN RE:
ROBERT MacWILLIAM, Protestor.
06 Elec. App. 041 (KC)

ORDER

This matter is an appeal from the Election Supervisor's decision 2006 ESD 252 issued May 18, 2006.

A hearing was held before me on May 31, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq. on behalf of the Election Supervisor, Jure Kelava, Local Union 31, Ross Peterson, Local Union 31 and Don Davies, the protester.

This is a straightforward case, concerning the direct removal by authority of a local union Business Agent of a piece of campaign literature from the local's bulletin board, long used for such purposes, because the flyer lacked attribution. This regulation of content is banned by Article VII, Section 12(d) of the Election Rules.

It is well settled under the Rules that untimeliness of a protest may be in certain cases excused. This is such a case.

Accordingly, the decision of the Election Supervisor is affirmed.

SO ORDERED:

___/s/______________________
Kenneth Conboy
Election Appeals Master
Dated: June 6, 2006