ELECTION APPEALS MASTER
IN RE: KEVIN BARRY, Protestor.
11 Elec. App. 40 (KC)
ORDER
This matter is an appeal from the Election Supervisor's decision 2011 ESD 214 and 217 issued April 15 and April 17, 2011. The appeal was submitted by Kevin Barry, a member of Local Union 82.
A hearing was held before me on April 27, 2011. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., for the Election Supervisor; Peter Geraghty, Investigator for the Election Supervisor, Denis Taylor, Trustee of Local Union 82, Barbara Harvey for the TDU and Kevin Barry the appellant.
The appellant seeks review of two protest decisions rendered by the Election Supervisor. Mr. Barry's first complaint attacks asserted deficiencies in Local 82's election plan. The Election Supervisor noted that the amended plan was filed on October 7, 2010; that the Election Supervisor after a fifteen day comment period, approved the Plan in December, 2010; that Mr. Barry received notice of the Nominations Meeting (an integral component for the Plan) in January, 2011, after which the Nominations Meeting was conducted on February 20 and during which Mr. Barry's preferred candidate was duly nominated. Mr. Barry did not file his protest about the Plan until March 7. This was indisputably untimely, and accordingly the Election Supervisor's dismissal of the protest was correct and proper.
Mr. Barry's second protest asserts that he was denied observer rights when his candidate went to the Local's union hall to review collective bargaining agreements, that he and his candidate were denied access to a worksite bulletin board to post campaign literature, that the worksite list was not updated, and that a Trustee made a disparaging remark about Mr. Barry. These are remarkably trivial and in large measure unsupported complaints, as noted in the Election Supervisor's decision denying the protests.
Accordingly, the Election Supervisor's decision is in all respects affirmed.
SO ORDERED:
___s/Kenneth Conboy__________
Kenneth Conboy
Election Appeals Master
Dated: May 6, 2011