ELECTION APPEALS MASTER
IN RE: LORNE SMITH, Protestor.
11 Elec. App. 22 (KC)
ORDER
This matter is an appeal from the Election Supervisor's decision 2011 EAD 106 issued February 9, 2011. The appeal was submitted by Lorne Smith, a member of Local Union 340 and delegate candidate in the local union's delegates and alternate delegates election.
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; Deborah Schaffe, Investigative Officer and Lorne Smith, the protester.
The protester asserted three deficiencies with respect to the proposed election plan, all technical in nature. The Election Supervisor found that the first two were untimely filed, also noting no substantial prejudice on the merits. He also noted that Local 340's Executive Board failure to approve the Election Plan was not problematic, as the Election Rules do not require such approval. Finally, Smith's claim that Local 340 failed to produce the full election plan with attachments on a timely basis was rejected by the Election Supervisor as being factually incorrect. The Rules and the record fully support his conclusion.
Accordingly, the decision of the Election Supervisor is affirmed.
SO ORDERED:
_/s/_______________________
Kenneth Conboy
Election Appeals Master
Dated: February 22, 2011