ELECTION APPEALS MASTER
IN RE: JOHN CORBOY, JR. and DAVID CORBITT, Protestors.
11 Elec. App. 39 (KC)
ORDER
This matter is an appeal from the Election Supervisor's decision 2011 ESD 213 and 215 issued April 15 and April 17, 2011. The appeal was submitted by David Corbitt, a member of Local Union 82.
A hearing was held before me on April 25, 2011. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., for the Election Supervisor; Peter Geraghty, Investigator for the Election Supervisor, Denis Taylor, President Local Union 355 and David Corbitt, the appellant.
These appeals assert that Leif Thornton, a Local 82 delegate candidate who was overwhelmingly defeated in the election, received impermissible campaign assistance from the Local and his employer. Appellant Corbitt claims that in the wake of a Trusteeship imposed by the IBT, Thornton remained listed on the Local's website as a Vice President, that the Local's website maintained a hyperlink to Thornton's Teamsters Against Cancer website, that Thornton used an employer issued cell phone for campaign purposes, and that his employer chose not to discipline Thornton for coming late to work on two occasions because he was campaigning elsewhere.
Appellant Corbitt also argues that the Local failed to supply an accurate worksite list for use in the campaign.
The Election Supervisor convincingly demonstrated during the hearing that all of these objections were either not supported by the investigative facts or, in the absence of a post-election protest, were not at this point material.
The Election Supervisor's decision is, accordingly, affirmed.
SO ORDERED:
___s/Kenneth Conboy__________
Kenneth Conboy
Election Appeals Master
Dated: April 27, 2011