Connolly, 2021 ESD 180

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: CHRISTOPHER CONNOLLY,    )           Protest Decision 2021 ESD 180

                                                                       )           Issued: December 1, 2021

Protestor.                                           )           OES Case No. P-017-073020-NE

____________________________________)

Christopher Connolly, member of Local Union 804, 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 Canada Dry violated the Rules by barring parking lot campaign activity at a facility in Melville NY where Teamster members are employed.

Election Supervisor representative Bruce Boyens  investigated this protest.

Findings of Fact and Analysis

OES undertook efforts to resolve this protest promptly so as to permit campaigning in an area permitted by Article VII, Section 12(e) of the Rules and federal court order.  Those efforts were unavailing.

By email dated November 30, 2021, protestor Connolly consented to withdraw the protest.

We deem this protest WITHDRAWN, which affects this protest only and does not impair the protestor’s ability to assert that a future occurrence violates the Rules.

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 180

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

Christopher Connolly

gmenczntix@gmail.com

Canada Dry

c/o Andrew GraBois

GraBoisA@PEPSI-NY.com

Jim Surdi

Teamsters Local Union 812

Jimsurdi812@gmail.com

Peter Marks

pmarks@ibtvote.org

Bruce Boyens

boyensb@aol.com

Jeffrey Ellison

EllisonEsq@gmail.com