ELECTION APPEALS MASTER
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IN RE: SANDY POPE,
Protestor.
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11 Elec. App. 58 (KC)
ORDER
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This matter is an appeal from the Election Supervisor's decision 2011 ESD 325 issued on September 15, 2011. A hearing was requested by Florice Hoffman, Esq. on behalf of Todd Mendez.
A hearing was held before me on September 22, 2011. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., for the Election Supervisor's Office; Florice Hoffman, Esq. on behalf of Todd Mendez and Todd Mendez, principal officer of Local Union 683.
The protest and decision in this matter raise extraordinarily serious questions about the conduct of the principle officer of Local 683, Todd Mendez. The Election Supervisor has for the second time found, upon a highly persuasive evidentiary record, that Mendez has interfered with the rights of Local members to participate, free of his implied threats and coercion, in campaign activity fully protected by the International Election Rules and the United States District Court in New York, under a long standing Consent Decree to which the International Brotherhood and the United States Government are parties.
Mendez' arguments on appeal are unavailing and frivolous.
The monetary fine of $100 imposed upon Mendez by the Election Supervisor may well be seen by the membership of Local 683 as trivial and unlikely to deter Mendez from such behavior in the future. The consequences may have a chilling effect upon the exercise of guaranteed campaign rights by members of Local 683.
Accordingly, the monetary remedy is vacated and the matter is remanded to the Election Supervisor for further consideration of an effective monetary remedy adequate to protect the campaign interests of Local 683's members in the ongoing election campaign for International Brotherhood of Teamsters Officers.
SO ORDERED:
__s/Kenneth Conboy_____________
Kenneth Conboy
Election Appeals Master
Dated: September 27, 2011