IN RE: TOMMY BLITSCH, Protestor.
Protest Decision 2011 ESD 126
Issued: February 21, 2011
OES Case No. P-119-020711-GP
Tommy Blitsch, member of Local Union 631, filed a pre-election 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 a local union bookkeeper violated the Rules by sending an email to OES stating that candidate Javon Jefferson was ineligible for nomination.
Election Supervisor representative Kathryn Naylor investigated this protest.
Findings of Fact and Analysis
In Eligibility of Treadwell, 2011 ESD 102 (February 7, 2011), we considered a protest challenging the eligibility of Javon Jefferson, a candidate in the delegates and alternate delegates election. An allegation made against him was that he was ineligible because he had been suspended from membership, effective February 2, 2011, because of a GEB decision. We held the following:
The suspension, posted on February 2, 2011, does not affect Jefferson's continuous good standing preceding his nomination. The eligibility test for nomination examines the 24-month period ending with the month before the nomination meetings, and subsequent events are not relevant to that determination. Because Jefferson maintained continuous good standing during the relevant time period, we find him ELIGIBLE for nomination as delegate to the 2011 IBT convention.
(footnote omitted.)
The protest here alleged that Cathy Edwards, a local union bookkeeper, violated the Rules by sending our investigator an email on February 4 advising that the suspension of Jefferson ordered by the GEB had been implemented. Edwards was supplying information necessary to our investigation and was cooperating in the protest procedure. Such conduct is protected by the Rules. 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:
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 126
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
Tommy Blitsch
10372 Kepler Cascades Street
Las Vegas, NV 89141
lvcubs23@gmail.com
JohnPhillipenas, Secretary-Treasurer
Teamsters Local Union 631
700 North Lamb Blvd.
Las Vegas, NV 89110
johnp@teamsters631.com
Mary Ann Campbell
13859 State Road E.
DeSoto, MO 63020
scdennis@aol.com
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.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey J. Ellison
214 S. Main Street, Suite. 210
Ann Arbor, MI 48104
ellisonesq@aol.com