IN RE: HENRY PERRY, Protestor.
Protest Decision 2006 ESD 127
Issued: March 4, 2006
OES Case Nos. P-06-149-021506-SO
Henry Perry, president of Local Union 667, 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"). The protest alleged that Mike McGowan failed to properly accept his nomination for delegate to the 2006 IBT Convention in violation of the Rules.
Election Supervisor representative Dolores C. Hall investigated this protest.
Findings of Fact
On February 12, 2006, Local Union 667 held its nominations meeting for the delegate and alternate delegate election. When the floor was opened for nominations for delegate, McGowan was properly nominated and seconded. In McGowan's absence, Michael Prescott presented McGowan's written acceptance and the chair of the meeting accepted the nomination.
The protest alleged that McGowan's nomination was improper because he failed to provide his written acceptance of nomination to the secretary-treasurer of Local Union 667 by 5:00 p.m. on the day prior to the nominations meeting.
Analysis
Article II, Section 5(f) of the Rules states that a "written nomination or second must be received by the Local Union Secretary-Treasurer no later than 5 p.m. of the day immediately prior to the day of the relevant nomination meeting." Article II, Section 5(h) states that the nominated member "must accept his/her nomination at the time made either in person, or, if absent, in writing. If acceptance is made in writing, the document must be presented to the presiding Local Union officer no later than the time the member is nominated." (Emphasis supplied.)
The Rules do not require a candidate to submit a written acceptance in advance of the meeting; the Rules explicitly allow a candidate's written acceptance to be submitted at the nomination meeting. We find that McGowan properly accepted his nomination in writing at the time the nomination was made, as permitted by Article II, Section 5(h).
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
Election Appeals Master
Latham & Watkins
885 Third Avenue, Suite 1000
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
2006 ESD 127
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
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
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Henry Perry, President
Local Union 667
4068 Delsa Circle
Memphis, TN 38116
Mike McGowan
7254 Black Oak Drive
Walls, MS 38680
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001
hall1000@cox.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com