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Office of the Election Supervisor for the International Brotherhood of Teamsters

ELECTION APPEALS MASTER
IN RE:
BLAIR KENNY, ED KOCH, MIKE LAROCCA and BRYAN MCLAUGHLIN, Protestors.
06 Elec. App. 035 (KC)

ORDER

This matter is an appeal from the Election Supervisor's decision 2006 ESD 178 issued April 13, 2006.

A hearing was held before me on May 10, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq. on behalf of the Election Supervisor, Michael Harren, Esq. of Chamberlain D'Amanda on behalf of Local Union 1118, Paul Markowitz, Esq. on behalf of Local Union 118, Chris Toole, Secretary-Treasurer of Local Union 118, Blair Kenny, Ed. Koch, Mike LaRocca and Brian McLaughlin, members and alternate delegate candidates of Local Union 118.

The subject of this appeal is the finding by the Election Supervisor of a violation of Article VII, Section 5(a)(1) of the Election Rules by Local 118 and its officers.

The undisputed facts are that the Local conducted a quarterly meeting of its Greece Central bargaining unit, and barred two Local members running for delegate from attending the meeting. The aforementioned section of the Rules clearly prohibits such exclusion. The Election Supervisor as a remedy ordered the Local to cease and desist.

On appeal, the Local and its counsel cite Article VII, Section 5(b) of the Rules, which has nothing to do with local candidate access to Local meetings, but rather addresses requests of international office candidates for information about timing and place of a Local's general and special membership meetings. The referenced section is inapposite to the issue before us.

Accordingly, the decision of the Election Supervisor is affirmed.

SO ORDERED:
____________________
Kenneth Conboy
Election Appeals Master
Dated: May 10, 2006