IN RE: ELIGIBILITY OF ED BROGAN, Local Union 107.
Protest Decision 2011 ESD 91
Issued: January 28, 2011
OES Case No. E-025-011811-ME
William Hamilton, member and president of Local Union 107, filed an eligibility protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Ed Brogan was ineligible to second the nomination of Mark Goetz as alternate delegate to the 2011 IBT Convention.
Election Supervisor representative Maria Ho investigated this protest.
Findings of Fact and Analysis
The Rules state that to be eligible to nominate or second the nomination of a candidate for delegate or alternate delegate, a member must be in good standing "with his/her dues paid through the month prior to the nominations meeting." Article II, Section 5(h).
At Local Union 107's nominations meeting held January 16, 2011, Ed Brogan seconded the nomination of Mark Goetz for alternate delegate. Brogan is currently on withdrawal status and has been since June 23, 2010. He acknowledged to our investigator that he took a voluntary withdrawal card at the time of his layoff and remains on withdrawal as he has not found work under the jurisdiction of the local union.
As Brogan was not in good standing with his dues paid through December 2010 at the time of the January 2011 nominations meeting, he was ineligible to second the nomination of Mark Goetz for alternate delegate. Accordingly, we GRANT the protest. Because Brogan was ineligible to second Goetz's nomination, the nomination fails for lack of a second, and Goetz's name will not appear on the ballot.
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, 1801 K Street, N.W., Suite 421 L, Washington, D.C. 20006, 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
2011 ESD 91
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Hall 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington, D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com">
Scott D. Soldon
Previant Goldberg
1555 North RiverCenter Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
William Hamilton, President
Teamsters Local Union 107
2845 Southampton Road
Philadelphia, PA 19154
jazz61161@aol.com
>Ed Brogan
388 Steeple
Burlington, NJ 08016
teamstered@comcast.net
Mark Goetz
7661 Burholme Avenue
Philadelphia, PA 19111
teamstered@comcast.net
Denise Ventura
949 Old Hickory Road
Pittsburgh, PA 15243
dmventura@verizon.net
Maria Ho
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
mho@ibtvote.org
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com