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IN RE: THOMAS BENNETT, Protestor. Thomas Bennett, a member of Local Union 200, filed two pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”). The protest in Case No. P-06-062-011706-MW alleged that Darryl Connell and Tom Kempinski, respectively the president and a business representative for Local Union 200 and members of the Buban-Connell Strong Contracts Good Pensions slate, campaigned in the delegate election on time paid for by the union in violation of the Rules. The protest in Case No. P-06-073-011906-MW alleged that Connell and Tim Buban, secretary-treasurer of the local union and a member of the same slate, committed the same violation. Election Supervisor representative Joe Childers investigated these protests. Findings of Fact The first protest alleged that on January 13, 2006 between 8:30 and 9:15 a.m., Connell and Kempinski campaigned in the employee parking lot of Standard Forwarding, an employer of members of the local union. Connell is a candidate for delegate, Kempinski for alternate delegate. The second protest alleged that on January 17, 2006 between 7:45 and 8:30 a.m. and again between 3:45 and 5:00 p.m., Buban and Connell campaigned in the employee parking lot of Roundy’s, Inc., another employer of Local Union 200 members. Both are candidates for delegate. Connell, Kempinski and Buban confirmed to our investigator that they campaigned on those dates in those locations. All further stated that they took vacation time for that purpose. Investigation showed that Connell and Kempinski each submitted a form to the local union’s office manager indicating his intention to use one-half vacation day on the morning of January 13. Connell and Buban each did likewise with respect to January 17. Analysis Article VII, Section 12(b) of the Rules provides the following, in relevant part:
This provision has been applied to permit campaigning by union officers and employees on break time (Caraballo, P653 (April 3, 1996)), sick leave, where banked sick time is used in lieu of banked vacation time (Sullivan, 2001 EAD 474 (September 27, 2001)), a scheduled day off (Ellison, 2001 EAD 214 (March 6, 2001)), and paid vacation time (Kleckner, 2001 EAD 262 (March 26, 2001)). We find that Connell and Kempinski campaigned on January 13, 2006 while on paid vacation time and that Connell and Buban did the same on January 17. Accordingly, we DENY these protests. 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 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. 20007-5135, all within the
time prescribed above. A copy of the protest must accompany the request for
hearing. cc: Kenneth Conboy DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED): Bradley T. Raymond, General Counsel Sarah Riger, Staff Attorney David J. Hoffa, Esq. Barbara Harvey Ken Paff Judith Brown Chomsky Stephen Ostrach Thomas Bennett Darryl Connell, President Tom Kempinski, Business Representative Tim Buban, Secretary-Treasurer Joe F. Childers William Broberg Jeffrey Ellison
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