ELECTION APPEALS MASTER
IN RE:
DEL VIEHLAND, Protestor.
06 Elec. App. 047 (KC)
ORDER
This matter is an appeal from the Election Supervisor's decision 2006 ESD 271 issued May 23, 2006.
A hearing was held before me on June 9, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq. and Steven Newmark, on behalf of the Election Supervisor, Brian Spector, Esq. on behalf of Tom Wright, Tom Wright, Secretary-Treasurer of Local 682, Barbara O'Sullivan, member of Local 682 and Del Vieland the protester.
This case establishes, incontestably, a major violation of the Election Rules by an officer of Local Union 682. Nothing presented undermines the finding of the Election Supervisor that the integrity of the election and the viability of the political campaigning that preceded it required that certain standards be met in the maintenance, timely accessibility, and even-handed distribution of the membership list by the Local's Secretary-Treasurer. The standards were not met, and a costly and burdensome rerun would normally have resulted, but for the decision of the protester not to seek a rerun. As noted by the Election Supervisor, "where the limited opportunity to engage in the face to face campaigning is effectively denied or substantially frustrated, candidates who are not incumbent officers are deprived of the sine qua non that is necessary to gain union office." Preliminary Submission on appeal at 2.
I find that the conduct of the Secretary-Treasurer did in fact impact negatively upon the integrity of the election. I also find that he intentionally misrepresented the state of the membership list to the Election Supervisor. His disqualification from taking his seat as a delegate is therefore not only justified, but required.
The decision of the Election Supervisor is, accordingly, affirmed.
SO ORDERED:
_/s/______________________
Kenneth Conboy
Election Appeals Master
Dated: June 21, 2006