ELECTION APPEALS MASTER
IN RE: IN RE: IN RE: ELIGIBILITY OF J.R. BURGER, Protestor.
11 Elec. App. 15 (KC)
ORDER
This matter is an appeal from the Election Supervisor's decision 2011 EAD 84 issued January 24, 2011. The appeal was submitted by Donnie Von Moore, President of Teamsters Local Union No. 743.
A hearing was held before me on February 3, 2011. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., for the Election Supervisor; David J. Hoffa, Esq. on behalf of the Hoffa-Hall Campaign, Barbara Harvey on behalf of TDU and Donnie Von Moore.
A procedural challenge to this appeal has been interposed by both the Election Supervisor, Jeffrey J. Ellison, Esq. and J. Burger, by his counsel Barbara Harvey, Esq. Their assertion notes that the appeal was not filed on a timely basis and not served upon interested parties, as required by the Election Rules, under Article XIII, Section 2(i)(j).
Mr. Hoffa has noted that in many cases heard under these Rules, where time requirements are prudential and not jurisdictional, a filing one day late on a complex eligibility matter should be heard on the merits.
Turning to the merits, and based upon the full record and hearing, the Election Supervisor's decision, as amplified by Ms. Harvey's submission and argument, is fully supported and justified. It is, accordingly, in all respects affirmed.
SO ORDERED:
_/s/_______________________
Kenneth Conboy
Election Appeals Master
Dated: February 3, 2011