IN RE: ELIGIBILITY OF DON EVANS, 2006 Local 31
Protest Decision 2006 ESD 165
Issued: March 27, 2006
OES Case No. E-06-026-020706-HQ
Ross Peterson, a member of Local Union 31, filed an eligibility 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 Don Evans was ineligible for election as delegate or alternate delegate to the 2006 IBT Convention under the Rules.
On February 22, 2006, we issued our decision finding Evans eligible to run for delegate. 2006 ESD 87. The protestor appealed and, following hearing on the appeal, the Election Appeals Master remanded the matter for further review and investigation in light of newly presented evidence. 06 EAM 13 (March 6, 2006).
Ballots were tallied in the local union's delegate and alternate delegate election on March 14, 2006, and Evans was not elected. No protest has been filed alleging conduct that may affect the results of the election.
Based on the election results, we find it unnecessary to resolve the issue of Evans' eligibility. Accordingly, we deem this protest MOOT.
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 165
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
Daniel Clifton Lewis, Clifton & Nikolaidis, P.C. 275 Seventh Avenue, #2300 New York, NY 10001 dclifton@lcnlaw.com
Stephen Ostrach 1863 Pioneer Parkway East, #217 Springfield, OR 97477-3907 saostrach@gmail.com
Ross Peterson 12408 193 B Street Pitt Meadows, BC V3Y 1A4 CANADA
Don Evans 174 Rainbow Road Whitehorse, YT Y1A 5E2 CANADA sourdough@klondiker.com
Stan Hennessy, President IBT Local Union 31 #1 Grosvenor Square Delta, BC V3M 5S1 CANADA
Gwen Randall 400 Fourth Avenue, SW Suite 3000 Calgary, AB T2P 0J4 CANADA grandall@davis.ca
Steven R. Newmark 1725 K Street, NW Suite 1400 Washington, DC 20005 snewmark@ibtvote.org
Jeffrey Ellison 510 Highland Avenue, #325 Milford, MI 48381 EllisonEsq@aol.com