IN RE: MICHAEL MATTIA, Protestor.
Protest Decision 2006 ESD 109
Issued: February 27, 2006
OES Case No. P-06-084-012506-AT
Michael Mattia, a member of Local Union 639, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). He alleged that the Members United slate was represented by attorney Jack Mooney. Mooney is the attorney for Local 639. Officers and business agents of the local union comprise the Members United slate. Mattia alleged that Mooney's representation constitutes an employer contribution to the campaign, in violation of the Rules.
Election Supervisor representative J. Griffin Morgan investigated this protest.
Findings of Fact and Analysis
Attorney Mooney represents Local Union 639. He stated that he has not been retained by and does not represent the Members United slate.
Thomas Ratliff, local union president and leader of the Members United slate, stated that Mooney does not represent the slate and that the slate does not have an attorney.
The protestor provided no evidence that union funds were used to pay for representation of the Members United slate.
Accordingly, we find no evidence of employer or union contribution and DENY this protest.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal. Requests for a hearing shall be made in writing, shall specify the basis for the appeal and shall be served upon:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
885 Third Avenue, Suite 1000
New York, New York 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2006 ESD 109
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Michael J. Mattia
108 Oakford Ave.
Edgewater, MD 21037
mmmattia@comcast.net
John Gibson
146 Jacks Way
Graconville, MD 21638
Thomas Ratliff, President
Local 639
3100 Ames Place, NE
Washington, DC 20018
J. Griffin "Griff" Morgan
Elliot, Pishko, Morgan
426 Old Salem Road
Winston-Salem, NC 27101
jgmorgan@epmlaw.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com