Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: HOFFA-HALL 2016,                      )           Protest Decision 2016 ESD 168

                                                                        )           Issued: April 13, 2016

            Protestor.                                           )           OES Case No. P-191-022416-NA     

____________________________________)

            On April 1, 2016, we issued our decision in Hoffa-Hall 2016, 2016 ESD 159, finding that Joe Balkis, a declared candidate for IBT vice president – Central region, had failed to file his CCER Report and Supplemental Report #1 for reporting period #3, as required by the Rules.  We directed him to do the following:

• File the CCER report and Supplemental Report No. 1 for reporting period #3 no later than Monday, April 11, 2016.
• Pay a fine to the Office of the Election Supervisor in the amount of $250.00 per day for each day after April 4, 2016 in which he fails file the reporting period #3 reports, subject to a maximum fine of $1,250.00.
• File required reports timely for all current and future reporting periods in which he is a candidate for International office.

On Monday, April 4, 2016, before the first date that any fine attached under our order, Balkis gave written notice that he was withdrawing his candidacy; that such withdrawal was irrevocable; that if his name were placed in nomination at the IBT convention, he would not accept the nomination; that his statement of withdrawal was binding on him; and that he would not be permitted to reverse or revoke his withdrawal of candidacy for any International office position in the 2015-2016 election cycle.

On this basis, we deem this protest RESOLVED with respect to any fines that may be imposed on Balkis pursuant to our previous decision.  Balkis remains obligated to file the required reports.  Hoffa 2006, 2006 ESD 325 (July 12, 2006).

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 168 

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