IN RE: JOHNNY JOHNSON, Protestor.
Protest Decision 2006 ESD 136
Issued: March 29, 2006
OES Case No. P-06-187-022706-SO
Johnny Johnson, member and delegate candidate of Local Union 878, filed a 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 Mueller Copper Tubing, an employer of Local Union 878 members, refused to grant access to employee parking lots at its Wynne, Arkansas facility, in violation of the Rules.
Election Supervisor representative Maureen Geraghty investigated this protest.
After the protest was filed, our investigator contacted management at Mueller and obtained its agreement to permit immediate access to employee parking lots at the Wynne facility. The protestor and his supporters were thereafter able to distribute campaign literature and solicit support there in accordance with their rights under Article VII, Section 12(e) of the Rules.
On March 3, 2006, the protestor made written request to withdraw this protest.
Accordingly, this protest is WITHDRAWN.
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 136
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
barbaraharvey@comcast.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
Johnny Johnson Action/Reform Slate
PO Box 13382
Mamelle, AR 72113
Mueller Copper Tube Products, Inc.
P.O. Box 309
1525 N. Falls Blvd.
Wynne, AR 72396
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001
hall1000@cox.net
Maureen Geraghty
The Geraghty Law Firm
426 Old Salem Road
Winston-Salem, NC 27101
mg@geraghtylawfirm.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com