IN RE: DON EVANS, Protestor.
Protest Decision 2006 ESD 201
Issued: April 22, 2006
OES Case No. P-06-216-031306-CA
Don Evans, a member of Local Union 31, 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 Hennessy/Peterson slate received an impermissible contribution from the local union, in violation of the Rules.
By fax dated February 3, 2006, Ross Peterson, principal officer of Local Union 31, filed a protest challenging the eligibility of Don Evans to run for delegate. We denied the protest and found Evans eligible in 2006 ESD 87 (February 22, 2006). With ballots listing Evans as a candidate already mailed, Peterson appealed and, after hearing, the Election Appeals Master remanded the protest for further investigation. 06 EAM 13 (March 6, 2006). The tally of ballots was conducted March 14 and Evans lost the election. Based on the election results, we issued our decision on remand denying the protest as moot. 2006 ESD 165 (March 27, 2006).
Evans filed the instant protest contending that Peterson improperly used local union resources to investigate and file the protest as to his eligibility and to contest our decision before the Election Appeals Master. In particular, Evans asserted that the original protest and the appeal of our decision were prepared by local union office staff and filed using local union fax and long distance. He further asserts that various other employees of the local union performed discrete tasks in furtherance of the protest and appeal.
Filing a protest "is protected, and does not constitute support for a candidate or campaigning under the Rules." Reyes, 2000 EAD 28 (September 27, 2000) (use of a union fax machine to file protest no violation); Kieffer, P360 (March 19, 1996) (same). The right to file a protest is paramount and may not be restricted in any way. Koles, P487 (March 4, 1996) (use by local union officer of local union's fax machine and other equipment as well as secretarial time does not violate Rules); Bennett, 2006 ESD 99 (February 24, 2006) (use of union hall as return address when filing protest permitted); Koch, 2006 ESD 169 (April 3, 2006) (protest written during union-paid work hours, printed on union stationery, and faxed from a union office does not violate Rules).
Peterson's actions here did not violate the Rules.
Accordingly, we 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 201
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
Don Evans
174 Rainbow Road
Whitehorse, YT
Y1A 5E2
CANADA
sourdough@klondiker.com
Ross Peterson
12408 193 B Street
Pitt Meadows, BC
V3Y 1A4
CANADA
Stan Hennessy, President
IBT Local Union 31
#1 Grosvenor Square
Delta, BC
V3M 5S1
CANADA
Maria Giardini
400 Fourth Avenue, SW
Suite 3000
Calgary, AB T2P 0J4
CANADA
mgiardini@davis.ca
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