IN RE: DAVID THORNSBERRY, Protestor.
Protest Decision 2005 ESD 23
Issued: November 7, 2005
OES Case Nos. P-05-019-101005-MW, P-05-020-101005-MW, P-05-021-101105-MW & P-05-026-102105-MW
David Thornsberry, a member of Local Union 89 and delegate candidate on the United Rank & File (UR&F) slate, filed four pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules").
In P-05-019-101005-MW, the protestor alleged that Local Union 89 vice president Mike Fackler threatened a UR&F supporter with internal union charges for driving his vehicle into the parking lot at the local union hall because the vehicle bore a sign critical of the incumbent local union administration.
In P-05-020-101005-MW, the protestor alleged that the local union discriminated against a UR&F leafletter by restricting his handbilling activity to the local union parking lot while allowing supporters of the Zuckerman-Bolton Fighting for You slate to handbill at the entrance to the union hall.
In P-05-021-101105-MW, the protestor alleged that the local union discriminated against the UR&F slate by permitting a member of the Zuckerman-Bolton slate to address a local union meeting concerning his candidacy while not offering a similar opportunity to the UR&F slate.
In P-05-026-102105-MW, the protestor alleged that the local union violated the approved local union plan for the delegate and alternate delegate election by refusing to send duplicate ballots to those members who requested them after a certain date but prior to the deadline established in the plan.
In each case, the respondent local union denied the allegations of the protest.
On October 27, 2005, the ballots were tallied in the delegate and alternate delegate election. Members of the protestor's slate were elected to all delegate and alternate delegate positions.
On November 2, 2005, the protestor gave written notice to our office of his withdrawal of these protests.
Accordingly, we deem the protests identified here as WITHDRAWN.
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
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: (212) 751-4864
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
Election Supervisor
cc: Kenneth Conboy
2005 ESD 23
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Patrick J. Szymanski
General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
pszymanski@teamster.org
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
braymond@fwslaw.com
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
David Thornsberry
785 Kingswood Drive
Taylorsville, KY 40071
davidthorny@msn.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fzuckerman@teamsters89.com
Mike Fackler
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
mfackler@teamsters89.com
Robert Colone
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
rmcolone@teamsters89.com
Ann Curry Thompson
Kelman Loria, PLLC
660 Woodward Avenue, Suite 2300
Detroit, MI 48226
acthom@kelmanloria.com
United Rank & File Slate
P.O. Box 991175
Louisville, KY 40269-1175
Rankandfile2005@msn.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com