ELECTION APPEALS MASTER
IN RE:
PATRICK GLEASON, Protestor.
06 Elec. App. 079 (KC)
This matter is an appeal from the Election Supervisor's decision 2006 ESD 370 issued November 9, 2006.
A hearing was held before me on December 4, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., Steven R. Newmark, Esq. and Paul Dever on behalf of the Election Supervisor, Robert Bloch, Esq. on behalf of Teamster Local 26, Gary Collett, President of Local Teamsters 26 and Patrick Gleason the protester.
This dispute arises out of a decision taken by Patrick Gleason, a business agent, to bring Local Union 26 into compliance with an Election Advisory properly issued, pursuant to Federal Court delegated authority under the Election Rules, by the Election Supervisor. The Advisory required a per diem rather than an expense regimen to compensate members attending the International Convention.
When Gary Collett returned to his position as principle officer, upon the advice of the International Brotherhood of Teamsters Office of the Secretary Treasurer, he persuaded the executive board of the Local to reverse the decision on per diem payments, and dismissed Mr. Gleason from his position as business agent on the ground that he had engaged in "misconduct" by bringing the Local into compliance with the Election Advisory on per diem Convention attendance reimbursement.
It is now clear that Mr. Collett was given incorrect information by the International Brotherhood of Teamsters Secretary-Treasurer's Office on the Advisory and the per diem issue. This nullifies the basis of his action against Mr. Gleason.
Accordingly, without the slightest finding of wrongdoing by Mr. Collett, the Election Supervisor ordered, among other things that Mr. Gleason be reinstated in his position as business agent.
A reestablishment of the status quo ante is the fair and proper outcome. The decision is therefore in all respects affirmed.
SO ORDERED:
___/s/_____________________
Kenneth Conboy
Election Appeals Master
Dated: December 7, 2006