OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: KELLY DIETRICH and ) Protest Decision 2021 ESD 178
MICHAEL JOHNSON, ) Issued: November 7, 2021
) OES Case No. P-206-110521-SO
Protestors. )
____________________________________)
Kelly Dietrich and Michael Johnson, members of Local Union 657, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2020-2021 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Frank Perkins, principal officer of Local Union 657, violated the Rules by permitting a sergeant-at-arms to distribute campaign material at a local union membership meeting.
The meeting in question occurred October 10, 2021. The incident that is the subject of this protest was also the subject of the protest in Case No. P-184-101221-SO, in which Michael Johnson, protestor here, was also a protestor. We denied that protest in Norris & Johnson, 2021 ESD 174 (November 4, 2021), issuing a revised decision denying the protest in 2021 ESD 177 (November 7, 2021).
We DISMISS the protest in the instant case as untimely filed and moot, in light of the decision in Norris & Johnson.
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. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.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, all within the time prescribed above. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Barbara Jones
2021 ESD 178
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
braymond@teamster.org
Edward Gleason
egleason@gleasonlawdc.com
Patrick Szymanski
szymanskip@me.com
Will Bloom
wbloom@dsgchicago.com
Tom Geoghegan
tgeoghegan@dsgchicago.com
Rob Colone
rmcolone@hotmail.com
Barbara Harvey
blmharvey@sbcglobal.net
Fred Zuckerman
fredzuckerman@aol.com
Ken Paff
Teamsters for a Democratic Union
ken@tdu.org
Scott Jenkins
scott@oz2021.com
Kelly Dietrich
kellycdietrich@yahoo.com
Michael Johnson
Mianjo225@icloud.com
Teamsters Local Union 657
Frank Perkins
fperkins@teamsters657.com
Dolores Hall
dhall@ibtvote.org
Jeffrey Ellison
EllisonEsq@gmail.com