IN RE: JEFF DUNCAN, Protestor.
Protest Decision 2006 ESD 203
Issued: April 22, 2006
OES Case No. P 06 085-012606-MW
Jeff Duncan, member and alternate delegate candidate of Local Union 614, 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 principal officer of the local union, Earl Walker, violated the Rules by using union resources to file a protest challenging Duncan's eligibility to run for alternate delegate in the local union delegate and alternate delegate election.
Findings of Fact and Analysis
Duncan alleged Earl Walker used union resources, in the form of union-provided computer, fax, telephone line, copier, ink and pen, to file a protest challenging Duncan's eligibility to run for alternate delegate. We found Duncan eligible in 2006 ESD 55 (January 26, 2006), aff'd 06 EAM 9 (February 14, 2006).
Assuming - without deciding - that Walker did as Duncan alleged, we DENY the protest. We have noted repeatedly that 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). Actions taken to enforce the Rules generally are not deemed partisan per se, even though they are carried out by union officials who also are candidates or supporters of candidates in a pending election and the protest filed ultimately proves to lack merit.
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 Office of the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, Suite 1400, N.W., Washington, D.C. 20006, 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 203
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 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
Jeffrey Duncan
1583 Giddings Road
Pontiac, MI 48348
Earl Walker, President
IBT Local Union 614
131 University Drive
Pontiac, MI 48342
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com