IN RE: CHRIS TOOLE, Protestor.
Protest Decision 2006 ESD 212
Issued: April 24, 2006
OES Case No. P-06-056-010606-NE
Chris Toole, a member and secretary-treasurer of Local Union 118, 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 three candidates for alternate delegate and one candidate for delegate were improperly nominated in violation of the Rules.
In a facsimile to the Election Supervisor's Office dated February 14, 2006, the protestor withdrew the portion of the protest that challenged the nominations of the candidates for alternate delegate. However, the protestor did not withdraw his protest challenging the nomination of Michael Kelly to run for delegate to the 2006 IBT Convention.
Ballots were tallied on February 27. Kelly was not elected delegate to the convention.
Accordingly, we deem the portion of the protest concerning the alternate delegate candidates WITHDRAWN; the balance of the protest is MOOT.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 212
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
braymond@fwslaw.com
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 E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Christopher Toole, Secretary-Treasurer
IBT Local Union 118
1393 South Avenue
Rochester, NY 14620
Edward Koch
7 Woodbine Park
Geneseo, NY 14454
Michael LaRocca
110 Varian Lane
Rochester, NY 14624
Blair Kenny
276 Ridgedale
Rochester, NY
Michael Kelly
38 Preston Circle
Rochester, NY 14626
David F. Reilly, Esq.
22 West Main Street
North Kingston, RI 02852
dreilly@rooltd.com
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