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IN RE: ERIC JENSEN, Protestor. (See also Election Appeals Master decision 06 EAM 37) Eric Jensen, a member of Local Union 320, 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 asserted that Sue Mauren, secretary-treasurer of the local union, sent a voicemail to the membership that constituted an official endorsement by the union of her slate, in violation of the Rules. Election Supervisor representative Joe Childers investigated this protest. Findings of Fact and Analysis Mauren, principal officer of the local union and head of the Mauren slate in Local Union 320’s delegate and alternate delegate election, sent automated telephone calls to the local union’s leadership that began as follows:
The protest alleged that Mauren’s reference to “Teamsters Local 320” left the impression that the local union endorsed her slate. Article VII, Section 12(b) of the Rules states:
Mauren’s message did not violate this provision. She stated her name and listed the local union for identification purposes. She did not state or imply that she was calling in behalf of the local union or that the local union had endorsed her candidacy or that of her slate. Accordingly, we DENY this 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 Daniel E. Clifton Stephen Ostrach Erik Jensen Susan Mauren, Secretary-Treasurer William Broberg Joe F. Childers Jeffrey Ellison
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