OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: HENRY FRANK ) Protest Decision 2016 ESD 106
CUNNINGHAM, ) Issued: February 10, 2016
Protestor. ) OES Case No. P-121-012416-SO
____________________________________)
Henry Frank Cunningham, member of Local Union 745, 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 Local Union 745 and its principal officer, Brent Edwards, violated the Rules by scheduling and announcing a “membership appreciation meeting,” advertised as including union-provided food, for the day before ballots were to be mailed in the local union delegates and alternate delegates election.
Election Supervisor representative Dolores Hall investigated this protest.
After the protest was filed and the investigation commenced, the local union canceled the “membership appreciation” aspect of the regular monthly meeting, and did not provide food for the event.
On February 10, 2016, protestor Cunningham requested to withdraw the protest. Concluding that the purposes of the Rules are served by withdrawal, we deem this protest WITHDRAWN.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:
Kathleen A. Roberts
Election Appeals Master
JAMS
620 Eighth Avenue, 34th 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 17th 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
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
braymond@teamster.org
David J. Hoffa
1701 K Street NW, Ste 350
Washington DC 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
Teamsters United
315 Flatbush Avenue, #501
Brooklyn, NY 11217
info@teamstersunited.org
Louie Nikolaidis
350 West 31st Street, Suite 40
New York, NY 10001
lnikolaidis@lcnlaw.com
Julian Gonzalez
350 West 31st Street, Suite 40
New York, NY 10001
jgonzalez@lcnlaw.com
David O’Brien Suetholz
515 Park Avenue
Louisville, KY 45202
dave@unionsidelawyers.com
Fred Zuckerman
P.O. Box 9493
Louisville, KY 40209
fredzuckerman@aol.com
Henry Frank Cunningham
1032 Cressmont
Bossier City, TX 71111
Frankcham131@gmail.com
Teamsters Local Union 745
1007 Jonelle Street
Dallas, TX 75217
Haddock745@sbcglobal.net
Mario Leyva
7055 Crown Ridge
El Paso, TX 79912
Goliath_olea07@yahoo.com
Dolores Hall
1000 Belmont Pl
Metairie, LA
dhall@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Suite 210
Ann Arbor, MI 48104
EllisonEsq@aol.com