ELECTION APPEALS MASTER
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IN RE: KELLIE SHAMBLIN,
Protestor.
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11 Elec. App. 48 (KC)
ORDER
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This matter is an appeal from the Election Supervisor's decision 2011 ESD 277 issued June 10, 2011. The appeal was submitted by David J. Hoffa, Esq. on behalf of Kellie Shamblin.
A hearing was held before me on June 16, 2011. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., for the Election Supervisor, David J. Hoffa, Esq. on behalf of Hoffa-Hall 2011 and Kellie Shamblin, Robert Colone, Esq. on behalf of Fred Zuckerman and Kellie Shamblin, the protester.
The appellant asserts that certain shirts produced by Joint Council 94 for use by delegates at the upcoming IBT Convention improperly promoted the candidacy of Fred Zuckerman, candidate for International central region vice president in violation of the Election Rules. The shirts in question, however, do not contain any reference to Zuckerman's International campaign or the International office that he is actively seeking. It merely identifies him as holding the local office of President of Joint Council 94. Ms. Shamblin complains that in a deviation from past practice her name as Secretary-Treasury of Joint Council 94 was deleted from the shirt in retaliation for her support in the International campaign of an adversary to Zuckerman.
The retaliation claim was not pressed by the appellant during the appeals hearing. David Hoffa, counsel for Hoffa-Hall 2011, argues that Zuckerman, through the deletion of Shamblin's name "co-oped the union paid shirt for himself, creating essentially a campaign shirt out of what used to be a non-political shirt for Joint Council 94 constituent local union delegates." Hoffa letter dated June 13, 2011 at 2.
The difficulty with this argument is that the shirt on its face is utterly silent on any mention of or connection to the International campaign. The record is also bereft of any evidence that the shirt is being or will be used by Zuckerman for partisan political purposes.
Accordingly, the decision of the Election Supervisor is affirmed.
SO ORDERED:
__s/Kenneth Conboy_____________
Kenneth Conboy
Election Appeals Master
Dated: June 17, 2011