IN RE: BRYAN McLAUGHLIN, Protestor.
Protest Decision 2006 ESD 218
Issued: May 2, 2006
OES Case No. P-06-090-020206-NE
Bryan McLaughlin, a member and alternate delegate candidate 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 Local 118 officers prevented campaign material from being posted on worksite bulletin boards and intentionally distributed Rules books with omitted pages, in violation of the Rules.
Protestor McLaughlin alleged that the Rules were violated when campaign flyers were removed from union bulletin boards at Greece Central School District. In Kenny et al, 2006 ESD 178 (April 13, 2006), we considered and denied a protest alleging the same set of facts as presented here. Given Kenny, it is unnecessary to recapitulate the facts and analysis of the case. Instead, we adopt here by reference the holding and analysis of Kenny here.
McLaughlin also alleged that the local union violated the Rules by distributing incomplete sets of Rules. This issue was presented on identical facts in Kenny, supra. We apply the holding and analysis of that decision here as well.
Accordingly, we DENY this protest for the reasons articulated in Kenny.
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 218
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 Hoffa
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48334
david@hoffapllc.com
Barbara Harvey
Penobscot Building, Suite 3060
645 Griswold
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
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Bryan McLaughlin
316 Forgham Road
Rochester, NY 14616
Steve Mazza, President
IBT Local 118
13983 South Avenue
Rochester, NY 14620
Eugene DeLorme
IBT Local 118
13983 South Avenue
Rochester, NY 14620
Chris Toole, Secretary-Treasurer
IBT Local 118
13983 South Avenue
Rochester, NY 14620
Mike Jarosinski
IBT Local 118
13983 South Avenue
Rochester, NY 14620
David F. Reilly, Esq.
22 West Main Street
North Kingston, RI 02852
dreilly@rooltd.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com