IN RE: LEEDHAM SLATE, Protestor.
Protest Decision 2006 ESD 390
Issued: November 9, 2006
OES Case No. P-06-363-110706-HQ
The Tom Leedham Strong Contracts, Good Pensions slate 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 Don Gellis, a member of Local Union 667, was not given time off to observe the counting of the ballots, in violation of the Rules.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact and Analysis
Article IX, Section 2(f) of the Rules states that "[t]ime spent observing [a ballot count] shall be considered as time spent on Union business. Therefore, upon written request of any observer, the appropriate Union officer, business agent, steward, etc., shall so certify to such observer's employer or to any other person or entity to whom the observer reasonably requests such certification be given."
On October 24, 2006, Gellis, an employee of Yellow Freight at its Memphis, Tennessee terminal, submitted a written request to his business agent, John Gale, for time off to observe the counting of ballots for the International election. Gellis sought to take off the week of November 13, 2006, when the Election Supervisor will conduct the ballot count ("Count") for International and regional IBT offices. Gellis followed up with Gale on October 31 to inquire about his time off and was assured by Gale that he would take care of it; Gale further assured Gellis that he had until 48 hours prior to the Count to submit the request.
On November 1, Gale then presented his own copy of the request form to Dave Martin, Yellow's shift operations manager at the Memphis terminal. Martin turned the form over to Erik Peacock, the terminal's manager, who accepted Gale's request for time off.
Peacock has agreed to give Gellis the requested time off. 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 390
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
Dan Lutz
Tom Leedham Campaign
320 7th Ave #338
Brooklyn, NY 11215
dan@leedham2006.org
Henry B. Perry, Jr., President
IBT Local Union 667
796 East Brooks Avenue
Memphis, TN 38116
John Gale, Business Agent
IBT Local Union 667
796 East Brooks Avenue
Memphis, TN 38116
Donald Gellis
4909 Highland Park Circle
Jonesboro, AR 72401
Steven R. Newmark
Office of the Election Supervisor
1725 K Street, NW, Suite 1400
Washington, DC 20006
snewmark@ibtvote.org
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com