IN RE: THOMAS BENNETT, Protestor.
Protest Decision 2006 ESD 265
Issued: May 22, 2006
OES Case Nos. P-06-089-0020206-MW
Thomas Bennett, a member of Local Union 200, 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 Darryl Connell and Tim Buban, respectively the president and secretary-treasurer of Local Union 200 and members of the Buban-Connell Strong Contracts Good Pensions slate, campaigned in the delegate election on time paid for by the union in violation of the Rules. An identical copy of the protest was docketed in Case No. P-06-073-011906-MW. We denied that protest in Bennett, 2006 ESD 70 (February 6, 2006). No appeal was taken.
As the allegation in the instant matter is identical in every respect to that alleged in the protest we decided in 2006 ESD 70 and was merely a re-docketing of a previously filed protest, we adopt the decision in 2006 ESD 70 here and DENY the 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. 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 265
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
David J. Hoffa
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
Thomas Bennett
337 Rubicon Street
Neosho, WI 53059
teamstertom@charter.net
Darryl Connell, President
IBT Local Union 200
6200 W. Bluemound Road
Milwaukee, WI 53213
Tim Buban, Secretary-Treasurer
IBT Local Union 200
6200 W. Bluemound Road
Milwaukee, WI 53213
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com