Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: ELIGIBILITY OF                          )           Protest Decision 2016 ESD 68

            MILTON LEWIS,                            )           Issued: January 15, 2016

                                                                        )           OES Case No. E-078-010616-FW

            Local Union 70.                                 )                      

____________________________________)

            Marty Frates, member and principal officer of Local Union 70, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleged that Milton Lewis is ineligible for nomination as delegate to the IBT convention for alleged failure to maintain 24 consecutive months of good standing.  Specifically, the protest alleged that Lewis was not a member in good standing during the months April through November 2014.

            Election Supervisor representative Deborah Schaaf investigated this protest.

            By signed letter dated January 6, 2016 and received by the local union thereafter, candidate Lewis withdrew his name from nomination.  Lewis told our investigator he prepared and signed the letter of his own volition without threat or coercion.

            Finding that Lewis has withdrawn his candidacy, we dismiss this protest as MOOT.

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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kathleen A. Roberts

            2016 ESD 68 

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