OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: JAMES ANDERSON ) Protest Decision 2011 ESD 312
(After Remand), ) Issued: August 19, 2011
) OES Case Nos. P-305-072111-NE
Protestor. )
____________________________________)
In Anderson, 2011 ESD 307 (August 5, 2011), we found that Local Union 25 had violated the Rules by publishing and distributing to its mailing list an endorsement of Sean O’Brien, candidate for IBT East region vice president. The remedy we ordered: 1) directed Local Union 25 and its secretary-treasurer, Mark Harrington, to cease and desist from using union resources to support or oppose the candidacy of any member or slate seeking IBT office; 2) ordered Local Union 25 to post, through September 30, 2011, a prescribed notice on all union bulletin boards; and 3) ordered Local Union 25 to make a remedial mailing available to protestor Anderson and the candidates for IBT East region vice president on his slate. The ordered mailing was not made available to O’Brien or any candidate for IBT East region vice president on his slate, and was not extended to candidates for any other IBT office. We reasoned that “[t]he elections for those other IBT offices were not affected by Harrington’s endorsement, so no remedy is necessary for those candidates.” 2011 ESD 307 at 3.
The Pope campaign appealed the decision, arguing that it should be entitled to the remedial mailing as well. The Election Appeals Master agreed, in Anderson, 11 EAM 56 (August 19, 2011), viz.
The imposed remedy of the Election Supervisor is affirmed in part and reversed in part. He is directed to modify that portion of the remedy dealing with the campaign mailing granted to the Gegare-Sheard Slate and extend that right to candidate for General President Sandy Pope.
In accordance with the order of the Election Appeals Master, the remedial mailing made available to candidate Anderson by the terms of our decision in Anderson is in every respect also extended to the Pope campaign. Our order, as modified by the decision of the Election Appeals Master, grants a maximum of two remedial mailings for which Local Union 25 is responsible, one to Anderson (whether initiated by him, any other candidate for IBT East region vice president on his slate, or the Gegare-Sheard slate), and one to the Pope campaign. All other requirements of the remedy in Anderson, 2011 ESD 307 (including the statement of specifications and costs for the ordered mailings) stand as ordered in the original ruling. We direct Local Union 25 to submit to OES a compliance affidavit for the notice-posting requirement within two days of completing the posting.
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.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2011 ESD 312DISTRIBUTION 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
James Anderson, President
Teamsters Local Union 966
300 Knickerbocker Road, Suite 1200
Cresskill, NJ 07626
Andersonteamsters2011@gmail.com
Mark Harrington, Secretary-Treasurer
Teamsters Local Union 25
544 Main Street
Boston, MA 02129
mharrington@teamsterslocal25.com
Sean O’Brien, President
Teamsters Local Union 25
544 Main Street
Boston, MA 02129
sobrien@teamsterslocal25.com
Deborah Schaaf
1118 Coddington Road
Ithaca, NY 14850
debschaaf33@gmail.com
J. Griffin Morgan
Elliot Pishko Morgan
426 Old Salem Road
Winston-Salem, NC 27101
jgmorgan@epmlaw.com
David F. Reilly
22 West Main Street
Wickford, RI 02852
dreilly@dfresq.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
Office of the Election Supervisor
for the International Brotherhood of Teamsters
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
202-429-8683
877-317-2011 Toll Free
202-429-6809 Facsimile
electionsupervisor@ibtvote.org
Richard W. Mark
Election Supervisor
August 19, 2011
TO: All members of Teamsters Local Union 25
FROM: Richard W. Mark, Election Supervisor
The Election Supervisor has determined that Local Union 25 Secretary-Treasurer Mark Harrington used the union-financed publication The Spokesman to endorse a candidate for IBT office.
The Rules for the 2010-2011 IBT International Union Delegate and Officer Election (“Rules”) prohibit local union officers, business agents, and staff from campaigning for candidates for IBT office using union publications. Harrington’s activity violated the Rules because local unions cannot take sides in any union election.
The Election Supervisor will not tolerate violation of the Rules. The Election Supervisor has ordered Harrington and Local Union 25 not to provide union-funded support to any candidate for IBT office. Local Union 25 has been ordered to post this notice on all worksite bulletin boards where members of this local union work.
The Election Supervisor has issued this decision in Anderson, 2011 ESD 307 (August 1, 2011). You may read this decision at http://www.ibtvote.org/protests/2010/2011esd307.htm.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity that violates the Rules should be filed with Richard W. Mark, 1801 K Street, N.W., Suite 421L, Washington, D.C. 20006, telephone: 877-317-2011, fax: 202-429-6809, email: electionsupervisor@ibtvote.org.
This is an official notice of the Election Supervisor and must remain posted on this bulletin board until September 30, 2011 and must not be defaced or covered up.