IN RE: BARBARA O'SULLIVAN, Protestor.
Protest Decision 2006 ESD 215
Issued: April 26, 2006
OES Case No. P-06-196-030106-GP
Barbara O'Sullivan, a member and delegate candidate from Local Union 682, 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 Thomas Wright, secretary-treasurer of Local Union 682, failed to provide a complete copy of the Rules to the protestor, in violation of the Rules.
Election Supervisor representative Mary A. Campbell investigated this protest.
Findings of Fact and Analysis
At the candidates' meeting held immediately following the nominations meeting on February 7, 2006, Wright distributed copies of the Rules. However, the copies contained only odd numbered pages. On February 27, the protestor telephoned the local union to request complete copies of the Rules; 4 complete copies were hand delivered to her on March 6. In addition, our Regional Director, Mary A. Campbell, faxed the protestor the relevant portions of the Rules that she was missing on February 27.
There is no evidence of malice towards the protestor, nor is there evidence that the incomplete set of Rules may have affected the outcome of the local union's delegate and alternate delegate election.
Accordingly, we deem this protest RESOLVED.
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 215
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
Barbara O'Sullivan
7621 Rannells Avenue
Maplewood, MO 63143
Terry Madden
914 Virgo Lane
St. Louis, MO 63125
Spector & Wolfe
206 West Argonne, Suite 101
Kirkwood, MO 63122
Thomas Wright
5730 Elizabeth Avenue
St. Louis, MO 63110
Mary Ann Campbell
13859 State Road, E.
DeSoto, MO 63020
scdennis@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com