IN RE: ED KOCH, Protestor.
Protest Decision 2006 ESD 169
Issued: April 3, 2006
OES Case No. P-06-092-013006-NE
Ed Koch, a member of Local Union 118, 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"). He alleged that a pre-election protest filed with our office in OES Case No. P-06-056-010606-NE violated the Rules because it was written during work hours, printed on union stationery, and faxed from a union office. Koch asserts that this conduct constitutes campaigning.
Assuming all the facts stated in Koch's protest are true, Toole's pre-election protest does not violate the Rules. Filing a protest "is protected, and does not constitute support for a candidate or campaigning under the Rules." Reyes, 2000 EAD 28 (September 27, 2000) (use of a union fax machine to file protest no violation); Kieffer, P360 (March 19, 1996) (same). The right to file a protest is paramount and may not be restricted in any way. Koles, P487 (March 4, 1996) (use by local union officer of local union's fax machine and other equipment as well as secretarial time does not violate Rules).
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
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
2006 ESD 169
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
David Hoffa
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48334
Email: david@hoffapllc.com
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
Email: braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
Email: sriger@teamster.org
Barbara Harvey
Penobscot Building, Suite 3060
645 Griswold
Detroit, MI 48226
Email: barbaraharvey@comcast.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Edward Koch
7 Woodbine park
Geneseo, NY 14454
Christopher Toole
120 Harwick Road
Rochester, NY 14609-4351
Steve S. Mazza, President
Local Union 118
1393 South Avenue
Rochester, NY 14620
David F. Reilly, Esq.
22 West Main Street
North Kingston, RI 02852
Phone: 401-294-9595
Fax: 401-295-2423
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com