IN RE: MICHAEL CEOFFE, Protestor.
Protest Decision 2006 ESD 117
Issued: February 27, 2006
OES Case Nos. P-06-094-013006-ME
Michael Ceoffe, a member of Local Union 249, 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"). The protest alleged that local union intentionally posted the nominees for delegate and alternate delegate to the 2006 IBT Convention on Local 249 stationery bearing the names of local union officers, in violation of the Rules.
Election Supervisor representative Bill Kane investigated these protests.
Findings of Fact
Local 249 held it nomination meeting for the delegate and alternate delegate election on January 15, 2006. The nomination results were posted on all union bulletin boards on local union letterhead. Our investigation showed that Secretary-Treasurer Jim Cowen requested Deann Jones, a clerical employee, to prepare the nomination results on union stationery; Cowen failed to direct Jones to remove the officers' names from the stationery. Cowen has been in office since 2003, and this is the first election he has been involved with under the Rules.
On February 2, 2006, Cowen sent a corrected version of the nomination results, without the names of the local union officers. Cowen included a cover letter directing members to remove the original nominating results and replace it with the proper sheet.
Analysis
Article II, Section 4(f) of the Rules provides the following:
Except where otherwise provided by the Rules, every posting by the Union on Union bulletin boards required by this or any other provision of the Rules shall be on Union letterhead that has no names of Union officers, business agents, staff or the like.
The original nomination results clearly violated this provision. However, the local corrected its error promptly.
Accordingly, we deem this protest RESOLVED.
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
Suite 1000
885 Third Avenue
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 117
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 Ceoffe
3459 Ligonier Street
Pittsburgh, PA 15201
Wayne Shatkoff, President
Local 249
P.O. Box 40128
Pittsburgh, PA 15201
William B. "Bill" Kane
242 Old Haymaker Road
Monroeville, PA 15146
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com