IN RE: JOE SEXAUER, Protestor.
Protest Decision 2006 ESD 303
Issued: June 20, 2006
OES Case No. P-06-290-060206-MW
(See also Election Appeals Master decision 06 EAM 53)
Joe Sexauer, a member of Local Union 743, filed a post-election protest pursuant to Article XIII, Section 3(a) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that the executive board raised the per diem for delegates in violation of the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact and Analysis
The protestor alleged that the executive board raised the convention per diem for delegates from $75 to $125 on May 1, 2006, "only a few short hours after the election was decided by the challenged ballots." The protestor claimed that the change in the per diem was "a political decision made by the incumbents," a decision the protestor contends would not have been made had the election been won by the non-incumbents.
We make no finding that the decision to raise the per diem for Local Union 743's delegates to the IBT convention would not have been made had the non-incumbents won the election. The decision to raise the per diem does not constitute a Rules violation. In our Advisory Regarding Payment of Expenses for Convention Delegates and Alternate Delegates issued March 24, 2006, we stated that "[t]he minimum, required per diem allowance for delegates attending the Convention (and for alternates, if applicable) is $75.00… Local Unions may provide a per diem of more than $75.00, but must not provide a per diem amount greater than $130.00." Id. (original emphasis).
The per diem granted to members of Local Union 743's delegation is permitted. Accordingly, we 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. 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 303
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
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Joe Sexauer
5254 S. Dorchester, Apt. 514
Chicago, IL 60615
jsexauer@gmail.com
Robert Walston, President
IBT Local Union 743
4620 South Tripp
Chicago, IL 60632
William C. "Bill" Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com