ELECTION APPEALS MASTER
IN RE:
TOM LEEDHAM SLATE, Protestor.
06 Elec. App. 065 (KC)
This matter is an appeal from the Election Supervisor's decision 2006 ESD 340 issued August 21, 2006.
A hearing was held before me on August 30, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq. and Steven R. Newmark, Esq. on behalf of the Election Supervisor, David J. Hoffa, Esq. on behalf of Hoffa 2006 Daniel E. Clifton, Esq. on behalf of the Tom Leedham Slate and Andrew Baker, Esq. on behalf of Local Union 85.
This case addresses the endorsement of the Hoffa Slate by a union officer of Local 85 in its official newsletter, and the improper use of the newsletter for partisan political campaigning, in violation of Article VII, Section 12(b) and Article VII, Section 8(a) of the Rules, respectively.
The appeal challenges only two elements of the remedy imposed by the Election Supervisor, the requirement that the Leedham Slate receive a membership mailing paid for by the Local to level the playing field, and the requirement that a notice be posted on all bulletin boards describing the Rules violations, identifying the Local officer responsible and declaring that such electoral conduct will not be tolerated.
On the Hearing, counsel for the Local did not seriously challenge the need and justification for the required notice posting. He did argue that equal space in the upcoming September newsletter for the Leedham Slate more effectively levels the playing field.
Although a plausible case can be made for substituting that remedy for the local paid for campaign flyer, the discretion of the Election Supervisor on matters of remedy should not normally be disturbed.
Accordingly, the decision is in all respects affirmed.
SO ORDERED:
_______/s/_________________
Kenneth Conboy
Election Appeals Master
Dated: August 31, 2006