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ELECTION
APPEALS
MASTER
This matter is an appeal from the Election Supervisor’s
decision 2011 ESD 361 issued on December 16, 2011. A hearing was requested by Pat Griffus, member
of Local Union 690. A hearing was held before me on December 22, 2011. The following persons were heard by way of
teleconference: Jeffrey J. Ellison,
Esq., for the Election Supervisor’s Office; Christine Mrak, Election Supervisor
representative; Val Holstrom, Secretary-Treasurer and
principal officer of Local Union 690 and Pat Griffus, protester. This case turns upon a motion passed at a Local 690
membership meeting which required Convention delegates to repay all per diem
and travel expense money paid by the Local for those dates and times where
delegates admitted that they did not attend Convention sessions. These elected delegates supported candidates
opposed by the Local 690 incumbent leadership. The Election Supervisor investigated the matter following
the filing of a protest by one of the delegates, and concluded that the motion
and attempts to recoup the delegates’ expense and travel money violated the
Election Rules. More importantly, the
Election Supervisor concluded that “the resolution for recoupment was motivated
by retaliatory animus.” Statement on Appeal of Jeffrey J. Ellison, at 2. The Election Supervisor imposed a remedy requiring the
Local to rescind the resolution it passed and to post a notice advising its
membership that the Local had violated the Rules. Factual errors in the Election Supervisor’s decision are
claimed by one of the appellants here.
However, Mr. Ellison demonstrated during the hearing that the purported
errors did not occur and that in any case they are immaterial to the
investigative outcome. The second
appellant claims errors as well, but he is as well not supported by the record. As we have said many times over several election cycles,
the factual findings of the Election Supervisor, and the remedies he imposes, are
entitled to due deference absent an abuse of discretion. There being none, his decision herein is in
all respects affirmed. SO ORDERED: __s/Kenneth Conboy_____________ Kenneth Conboy Dated: December 22, 2011
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