IN RE: LARRY HARTIGAN, Protestor.
Protest Decision 2006 ESD 186
Issued: April 15, 2006
OES Case No. P-06-066-011706-MW
Larry Hartigan, member and delegate candidate of Local Union 705, 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 the local union violated the Rules by requiring that campaign mailings be sent from the main post office in Chicago.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
The protest alleged that the Chicago main post office, designated by the local union as the location where campaign mailings are to be mailed, has historically delayed bulk mailings of campaign literature with the effect that ballots are delivered before campaign literature is. The relief the protestor sought was permission to have his slate's literature mailed from a post office that will process the literature more promptly.
During the investigation, the protestor learned that the bulk permit the local union owns may be used only at the Chicago main post office and that mailing literature from a post office of the slate's choice would cost the slate several additional hundred dollars. Upon learning this information, the protestor withdrew his protest.
Accordingly, we deem this protest WITHDRAWN.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 186
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
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Larry Hartigan
705 Members Slate
6000 W. 127th Street
Palos Heights, IL 60463
Stephen E. Pocztowski
Local 705 Secretary-Treasurer
1645 W. Jackson Boulevard
Chicago, IL 60612
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
Bill Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com