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IN RE: TRES PEEL, Protestor. (See also Election Appeals Master decision 06 EAM 19) Tres Peel, a member 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”). The protest alleged that that ballot for the delegate and alternate delegate election was laid out differently than the notice of results of nomination meeting. Peel is a member of and self-designated contact person for the F.E.F.A. slate, one of three slates and eight independent candidates competing for five delegate positions. The notice of results of nominations meeting listed the F.E.F.A. slate and its candidates first, the Every Teamster Counts slate second, and the Fair and Equity slate third. The slates are listed in the same order on the ballot, except they are shown in two columns on the ballot as compared with one on the notice. In both instances, the F.E.F.A. is listed first in the upper left corner of the page. Article II, Section 6(a) provides:
Article II, Section 10(b) provides:
All slates and independent candidates were listed on the ballot according to the respective positions they won by lot. Although the Rules do not require that the ballot listing of the candidates match the listing that appeared in the notice of nominations meeting results, they did in this case. Accordingly, we DENY the protest because it fails to allege a violation of the Rules. 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 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 Tres Peel James W. Green, Jr. Thomas Clair, Secretary-Treasurer William C. “Bill” Broberg Jeffrey Ellison
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