ELECTION APPEALS MASTER
IN RE:
GERALD MOERLER, Protestor.
06 Elec. App. 074 (KC)
This matter is an appeal from the Election Supervisor's decisions 2006 ESD 367 issued October 5, 2006 and 2006 ESD 382 issued October 24, 2006.
A hearing was held before me on October 27, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq. and Steven R. Newmark, Esq. on behalf of the Election Supervisor, David Hoffa, Esq. and Christie Bailey on behalf of the Hoffa 2006 Slate and Joseph Kaplon, Esq. on behalf of Local 848.
A shop steward of Local 848, in violation of the Election Rules, removed Leedham Campaign flyers from automobiles parked in an employer parking lot in Santa Fe Springs, California. The Election Supervisor established that members of three Teamster Locals 848, 630 and 495 had access to and parked their vehicles in the lot in question.
The remedy imposed upon Local 848, based upon the violation of its shop steward, was a Local 848 funded Leedham Campaign mailing to members of all three locals.
The Hoffa Campaign objects that this is excessive, and an improper windfall to the Leedham campaign.
The remedy is appropriate to the violation found. Accordingly, the decision of the Election Supervisor is affirmed.
SO ORDERED:
______/s/__________________
Kenneth Conboy
Election Appeals Master
Dated: October 31, 2006