IN RE: RICHARD SANDBERG, ANTHONY ANDERSON, and SAM COOK, Protestors.
Protest Decision 2011 ESD 204
Issued: April 7, 2011
OES Case Nos. P-100-013111-ME, P-103-013111-ME & P-107-020111-ME
In Sandberg et al, 2011 ESD 192 (March 28, 2011), we found that Local Union 377's principal officer, John Lesicko, violated the Rules by distributing union-purchased merchandise to stewards to influence the delegates and alternate delegates election in which he is a candidate for delegate. We further found that Lesicko violated the Rules by denying opposing candidates access to worksite bulletin boards for their campaign literature while his own was posted there.
Among other remedies for these violations, we ordered the local union to post, within two days, a remedial notice on all worksite bulletin boards. We also ordered the local union to post on those same bulletin boards a notice of election.
A week has elapsed since the deadline for posting the remedial notice. Still, the local union has not complied with that order. Evidence has been provided to OES showing that the required notices have not been posted on worksite bulletin boards, a fact that Lesicko concedes.
Ballots are scheduled to be mailed to the membership of the local union on Friday, April 8, 2011. To remedy the local union's failure or refusal to post the remedial notice and notice of election we ordered in Sandberg, supra, we order the local union to mail to each member the remedial notice and the notice of election. The mailing shall be completed no later than April 8 and no later than the mailing of ballots. The mailing of these notices shall be in envelopes separate from the ballot packages.
The remedy ordered here is in addition to the remedy ordered in Sandberg.
Failure to comply with the remedies in every respect will cause us to consider more severe remedies, including disqualification of Lesicko and candidates on his slate.
The local union shall submit an affidavit attesting to its compliance with this order and identifying the bulletin boards where the notice is posted.
An order of the Election Supervisor is effective immediately, unless stayed.
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 204
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
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
Rich Sandberg
1173 Thomas Road SE
Hubbard, OH 44425
imopie@roadrunner.com
Anthony Anderson
69 Hill Drive
Poland, OH 44514-1786
wassup@zoominternet.net
Sam Cook
803 Presidential Drive
Boardman, OH 44512
samcook618@hotmail.com
John Lesicko
Teamsters Local Union 377
4900 Kirk Road
Youngstown, OH 44515
Ibtlocal377@aol.com
Denise Ventura
949 Old Hickory Road
Pittsburgh, PA 15243
dmventura@verizon.net
Maria S. Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
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
