IN RE: TIM SYLVESTER, Protestor.
Protest Decision 2006 ESD 294
Issued: June 2, 2006
OES Case No. P-06-226-031606-NE
Tim Sylvester, a member of Local Union 804 and delegate candidate on the Members First slate, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Local Union 804 failed to sort its membership list as requested for a campaign mailing.
Election Supervisor representatives David F. Reilly and Jeffrey Ellison investigated this protest.
Findings of Fact and Analysis
Exercising its rights pursuant to Article VII, Section 7 of the Rules, the Members First slate requested that Local Union 804 to transmit its membership list electronically to Impala Press, a union printing house designated by the Members First slate to handle its campaign mailing. The slate sought to send a campaign mailing targeted to UPS full-time employees. However, the list the printer received apparently could not be sorted so as to identify this segment of the local union membership.
This protest followed and alleged a violation of Article VII, Section 7(a)(2), which provides that "the Union shall honor requests for distribution of literature to only a portion or segment of the membership, as determined by the candidate, unless the Union can show such distribution is impracticable."
After the protest was filed, the local union provided the printer the code necessary to identify the segment of the membership to which the slate sought to mail its literature, and the printer was able to complete the targeted mailing according to the slate's desired schedule.
Accordingly, we deem this protest RESOLVED.
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:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
885 Third Avenue, Suite 1000
New York, New York 10022
Fax: (212) 751-4864
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, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20006-1416, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2006 ESD 293
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
David J. Hoffa
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Tim Sylvester
1773 East 33rd Street
Brooklyn, NY 11234
Howard Redmond
President, Local Union 804
34-21 Review Avenue
Long Island City, NY 11101
David F. Reilly, Esq.
22 West Main Street
North Kingston, RI 02852
dreilly@rooltd.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com