Protest Decisions

Fred Gegare, member of Local Union 662 and candidate for IBT General President, filed a pre-election protest pursuant to Article III, Section 5(n) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Hoffa-Hall 2011 supporters disrupted the nominations process on the second and third days of the IBT convention by crowding the microphone areas and yelling and drowning out nominators and seconders of Gegare slate candidates.  The relief the protest sought was a cease and desist order and admonishment to Hoffa-Hall supporters that such conduct would not be tolerated during the nomination of candidates for General President and General Secretary-Treasurer on the fourth day of the convention.

            On the fourth day of the convention, the Election Supervisor and his staff worked with the IBT sergeants at arms and directed key personnel within the Hoffa-Hall campaign to assert reasonable control over that campaign’s supporters.  Through these methods, the nominators and seconders of candidates nominated in opposition to Hoffa-Hall’s candidates for General President and General Secretary-Treasurer were able to deliver their full speeches to the convention.  The delegates heard the speeches, and each was able to respond with approval or disapproval.  As a result, the convention assembly heard the full dialogue among supporters of competing candidates.

            In light of these events, counsel for the protestor requested to withdraw the protest by email received July 4.  Finding that withdrawal furthers the purposes of the Rules, we deem this protest WITHDRAWN.

 

            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, NY  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.