IN RE: ELIGIBILITY OF LONNIE GRIFFITH Local Union 957.
Protest Decision 2011 ESD 107
Issued: February 9, 2011
OES Case No. E-034-012511-ME
Doug Davis, secretary-treasurer of Local Union 957 and candidate for delegate in the local union's delegates and alternate delegates election, 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 Lonnie Griffith is ineligible for nomination as alternate delegate to the 2011 IBT convention.
Election Supervisor representative Kathryn A. Naylor investigated this protest.
Findings of Fact and Analysis
Local Union 957 held its nominations meeting on January 8, 2011. Griffith was nominated for alternate delegate at that meeting. Davis faxed his protest challenging Griffith's eligibility on January 25, 2011, some 17 days after the nomination meeting.
Davis also claimed that he mailed the protest to us by first-class mail on January 8, 2011. However, the address he listed on the protest and claimed to use for the mailing was OES's address for the 2005-2006 election cycle. The first notice we received of the protest was when Davis faxed it on January 25. We have not received the protest that Davis allegedly mailed.
Article XIII, Section 2(b)(1) of the Rules requires all pre-election protests, including eligibility challenges to delegate candidates, to be filed within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested or such protests shall be waived. Lawrence, 2000 EAD 19 (September 8, 2000) (time limits strictly applied to eligibility protests) and cases collected there.
As secretary-treasurer of Local Union 957 and as a delegate candidate himself, Davis is familiar with the Rules. OES records show that well in advance of the nomination meeting Davis had direct, actual notice of the correct postal address, the correct email address, and the correct fax number for the Election Office in Washington, D.C. We do not credit Davis' claim that he mailed the protest to the incorrect address on the date of the nomination meeting. Consistent with the cited precedent, we DENY this protest as untimely filed.
In advance of the June 2011 IBT convention, all elected delegates and alternate delegates will have their dues payment histories examined to insure that they were eligible for nomination and are eligible to serve. In the event any elected delegate or alternate delegate is found at that time to have been ineligible for nomination or office, that person will not be issued convention credentials and will be replaced by the ranking alternate delegate.
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:
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 107
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 Keegel 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
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.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
Doug Davis
Secretary-Treasurer
IBT Local Union 957
P.O. Box 13357
Dayton, OH 45413
Via Fax 937-278-7577
Varney Richmond
President
IBT Local Union 957
P.O. Box 13357
Dayton, OH 45413
varneyr@teamsterslocal957.com
Lonnie Griffith
418 N. Main Street
Englewood, OH 45322
Alan Weeks
2043 Leis
Miamisburg, OH 45342
lweeks1@woh.rr.com
Denise Ventura
949 Old Hickory Road
Pittsburgh, PA 15243
dmventura@verizon.net
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey J. Ellison
214 S. Main Street, Suite. 210
Ann Arbor, MI 48104
ellisonesq@aol.com