ELECTION APPEALS MASTER
IN RE:
IN THE MATTER OF MICHAEL KLOOTWYK, Protestor.
06 Elec. App. 064 (KC)
This matter is an appeal from the Election Supervisor's decision issued August 17, 2006.
A hearing was held before me on August 29, 2006. The following persons were heard by way of teleconference: Bradley T. Raymond, Esq. General Counsel for the International Brotherhood of Teamsters, Jeffrey J. Ellison, Esq. and Steven R. Newmark, Esq. on behalf of the Election Supervisor, Daniel E. Clifton, Esq. on behalf of the Tom Leedham Slate, David J. Hoffa, Esq. on behalf of Michael Klootwyk, with Todd Thompson, Christy Bailey and Michael Klootwyk, the protester.
Michael Klootwyk was duly nominated at the recent IBT Convention and accepted nomination to run for IBT Secretary-Treasurer. Mr. Klootwyk subsequently withdrew his candidacy by letter dated August 16, 2006 to the Election Supervisor. He pointedly advised the Election Supervisor to contact him if the Office had any questions.
The Election Supervisor apparently did not contact him, but replied by letter the following day that he could not withdraw because Article IV, § 2(d) of the IBT Convention prohibited him from doing so.
The language of the cited Constitutional provision does not support the Election Supervisor's statement in his letter to Mr. Klootwyk. Furthermore, the Constitution is clear that in local elections across the nation and Canada duly nominated candidates may withdraw their candidacy prior to the printing of the ballots. It is difficult to see how policy values associated with the integrity of IBT elections under the Consent Decree are not offended by this explicit provision covering local elections and yet would be if Mr. Klootwyk were permitted to withdraw from International candidacy. The Election Rules are silent on the matter. Most importantly, it is conceded by the Election Supervisor that previous Election Supervisors (with different titles) approved withdrawal of post nomination candidacy in International elections.
At the hearing, the Election Supervisor asserted, having made no reference to it in his letter decision of record to Mr. Klootwyk that he was relying on an Advisory that he issued on June 20, 2006 shortly before the Convention. I have not seen the Advisory and it is not part of this Record, although references to it in the Hearing suggest that none of the aforementioned aspects of the matter were addressed in the Advisory.
Accordingly, the decision of the Election Supervisor is vacated and Mr. Klootwyk shall be permitted to withdraw his candidacy for IBT Secretary-Treasurer.
SO ORDERED:
_____/s/___________________
Kenneth Conboy
Election Appeals Master
Dated: August 31, 2006