OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: SANDY POPE, ) Protest Decision 2011 ESD 301
) Issued: July 6, 2011
Protestor. ) OES Case Nos. P-294-062911-NA
____________________________________)
Sandy Pope, member of Local Union 805 and candidate for IBT General President, 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 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 candidates the Hoffa-Hall slate opposed. The relief the protest sought was a cease and desist order to Hoffa-Hall supporters that such conduct would not be tolerated during the nomination of candidates for General President on the fourth day of the convention.[1]
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, including the nominator and seconder for protestor Pope, were able to speak in an environment where the convention could hear all of the presentations and Pope’s acceptance statement. The delegates heard the speeches, and each delegate was able to react with expressions of approval or disapproval. As a result, the convention assembly heard a full dialogue among supporters of competing candidates.
In light of these events, we deem this protest RESOLVED.
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.[1] We note that Pope, a candidate successfully nominated to the ballot for IBT General President, is not affiliated with a slate. There were no floor nominations on the second or third day of the convention of candidates for vice-president or International trustee who were affiliated with Pope.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2011 ESD 301DISTRIBUTION 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
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
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