IN RE: KEVIN E. HARDISON, Protestor.
Protest Decision 2006 ESD 205
Issued: April 25, 2006
OES Case No. P-06-060-011306-GP
Kevin E. Hardison, a member and delegate candidate from Local Union 631, 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 Local 631 secretary-treasurer Edmund Burke failed to post the results of the nominations meeting within five days, as required by the Rules.
Election Supervisor representative Mary A. Campbell investigated this protest.
Findings of Fact
Local Union 631 held its nomination meeting on January 5, 2006. The protest alleged that the results of the nominations meeting were not posted by January 10, or within five days of the meeting. Burke conceded that the results were not posted at all worksites by January 10. However, he stated that most of the notices were posted by that date, with the balance of the postings made on January 11 and 12. All postings were made before the time the protestor filed his email protest in the evening of January 12, a fact the protestor does not dispute.
Analysis
Article II, Sections 5(a) and (b) of the Rules state that a "[A]s soon as possible but in no event later than five (5) days following the nomination meeting(s), the Local Union Secretary-Treasurer shall post on all Union bulletin boards a list of all nominated candidates, by name (and by slate affiliation, if known at the time)."
On the facts presented here, we find that the postings made by the local union substantially complied with the Rules' requirements, even though some of the postings were late by a day or two.
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. 20006-1416, 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 205
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
Kevin E. Hardison
7345 Rietz Canyon Street
Law Vegas, NV 89131
kevinheather@cox.net
Edmund Burke, Secretary-Treasurer,
IBT Local Union 631
700 N Lamb Boulevard
Las Vegas, NV 89110
Mary A. Campbell
13859 State Road, E.
DeSoto, MO 63020
scdennis@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com