ELECTION APPEALS MASTER
IN RE: ELIGIBILITY OF JAMES SWAIN, TERRINGUS WALKER, MICHAEL HICKS and ADDY ANDREWS, Protestors.
11 Elec. App. 20 (KC)
ORDER
This matter is an appeal from the Election Supervisor's decision 2011 EAD 98 issued February 5, 2011. The appeal was submitted by J. Anthony Smith, a member and recording secretary of Local Union 639.
A hearing was held before me on February 18, 2011. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., for the Election Supervisor; Terringus Walker, delegate candidate of Local Union 639, John Gibson, a member of Local Union 639 and J. Anthony Smith, the protester.
The sole issue in this appeal is the eligibility of Terringus Walker to run for delegate from Local 639.
This is, as noted by the Election Supervisor in his appeals submission, "an unusual case." Mr. Walker underwent two lengthy periods of unemployment during the 24 month eligibility period. He filed an unfair labor practice charge against the Local asserting that it blocked his efforts to secure employment because he engaged in LMRA-protected activity. Settlements resulted with no wrongdoing admitted by the Local.
Protester Smith in a detailed and careful appeals submission disputes the factual findings of the Election Supervisor. Both in his appeals submission and argument, Jeffery Ellison, Appeals Chief for the Election Supervisor, convincingly defended the factual investigative record of the Election Supervisor upholding Mr. Walker's eligibility to run for delegate.
Under many previous appeals cases and the Election Rules, it is well settled that the factual findings of the Election Supervisor shall not be disturbed in the absence of a finding of abuse of discretion. That is certainly not the case here.
Accordingly, the decision of the Election Supervisor is affirmed.
SO ORDERED:
_/s/_______________________
Kenneth Conboy
Election Appeals Master
Dated: February 22, 2011