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IN RE: THOMAS CLAIR, Protestor. Thomas Clair, member and delegate candidate of Local Union 726, 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”). He alleged that the F.E.F.A. slate violated the Rules by selecting a slate name similar to Clair’s Fair and Equity slate. Election Supervisor representative Joe Childers investigated this protest. Findings of Fact and Analysis The Fair and Equity slate has competed in various elections at Local Union 726 since the slate was first formed in 1993. Protestor Clair timely submitted a slate declaration form bearing that name for the local union’s delegate and alternate delegate election. Another slate submitted a slate declaration form bearing the name “F.E.F.A.” The form did not indicate what the initials signified. Subsequently, F.E.F.A. supporters distributed campaign literature that read in part as follows:
The flyer identified the slate members as Carlos Sanchez, Tres Peel, Michael (BUZZ) Edwards, Ray Erickson, and Don Bellheimer. Although this campaign flyer gave a definition for the F.E.F.A. initials, the name that appears on the slate declaration form and that will appear on the election ballot is “F.E.F.A.” A slate will not be permitted to select a name that historically is associated with another slate or is otherwise likely to mislead voters. Thompson, 2001 EAD 232 (March 12, 2001); Dunning, P189 (October 13, 1995). We would not hesitate to find a violation had F.E.F.A. sought to run under the name “Fair and Equity For All,” for such a name is substantially similar to the Fair and Equity slate name historically used by Clair. Here, however, the slate has chosen the name “F.E.F.A.,” and we find little likelihood that voters will confuse that name with the Fair and Equity slate. Accordingly, we DENY the protest. 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. Richard W. Mark 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 P. Clair John Falzone Kenneth Brantley John Hurley Linda Cruz Anthony Fiori Michael Melone Joe F. Childers Bill Broberg Jeffrey Ellison
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