IN RE: JEFF DUNCAN, Protestor.
Protest Decision 2006 ESD 198
Issued: April 20, 2006
OES Case No. P 06 068-011706-MW
Jeff Duncan, member and alternate delegate candidate of Local Union 614, 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 the principal officer of the local union, Earl Walker, discriminated against him by filing a protest under the Rules challenging Duncan=s eligibility to run for alternate delegate in the local union delegate and alternate delegate election.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact
The protester alleged Earl Walker challenged his eligibility solely because he was a member of the slate opposing Walker=s slate. He complained that Walker failed to challenge the eligibility of Karen Lankford, a member of Walker=s slate, even though Lankford was laid off from employment at the same time as Duncan, the stated reason for Walker=s protest challenging Duncan=s eligibility.
Duncan was formerly a business agent at Local Union 614 and a trustee of the local union for 22 years. He was laid off when Walker assumed the presidency of Local Union 614 at the end of 2004. In 2005, Duncan returned to work as a concrete truck driver for Nagy Concrete. While on lay-off, Duncan kept his dues paid. We found Duncan eligible in 2006 ESD 55 (January 26, 2006), aff'd 06 EAM 9 (February 14, 2006).
Duncan protested Lankford's eligibility in a protest filed 4 days after Walker challenged Duncan's eligibility. We denied Duncan's protest in 2006 ESD 57 (January 26, 2006). Duncan did not appeal.
Analysis
Article XIII, Section 1 of the Rules specifically states "[a]ny member … may file a protest with the Election Supervisor alleging noncompliance with these Rules." In accordance with this section of the Rules, Earl Walker filed a pre-election protest challenging Jeff Duncan=s eligibility, as was his right. That Walker did not at the same time challenge the eligibility of a member of his own slate is of no consequence.
Accordingly, we DENY the 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 Office of the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, Suite 1400, N.W., Washington, D.C. 20006, 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 198
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
Daniel Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, #2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Jeffrey Duncan
1583 Giddings Road
Pontiac, MI 48348
Earl Walker, President
IBT Local Union 614
131 University Drive
Pontiac, MI 48342
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com