Dietrich & Johnson, 2021 ESD 178

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