IN RE: LIZ SNYDER, Protestor.
Protest Decision 2006 ESD 230
Issued: May 9, 2006
OES Case No. P-06-152-021506-NE
Liz Snyder, a member and delegate candidate from GCC Local Union 17B, 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"). Snyder protests the distribution of social security numbers by the Office of the Election Supervisor.
Findings of Fact and Analysis
By letter dated January 11, 2006, Local Union 17B president Robert Mamon filed an eligibility protest challenging the eligibility of Ken Owen to run for delegate and to nominate or second the nominations of other candidates. Mamon attached to his protest a list of names and social security numbers of nominators, seconders and candidates for delegates and alternates. The Rules require each member nominated as a candidate for delegate or alternate delegate to supply their supply their full social security number (see Article II, Section 5(f)), because that information is necessary to determine the candidate's eligibility.
We acknowledged receipt of the protest to Mamon and distributed the protest and the attachment to all interested parties. Snyder protests the distribution of the attachment, which included her social security number, to the members who had nominated or been nominated by Owen.
On February 10, 2006, we issued a decision denying the eligibility protest. Eligibility of Ken Owen, 2006 ESD 79. No candidate social security numbers are published in the decision.
Article XIII, Section 2(e) of the Rules provides in relevant part "the Election Supervisor shall provide a copy of the protest to any person who or entity which the Election Supervisor determines may be a subject of the protest, decision or remedy." Under this provision, we were required to supply Mamon's protest and attachment to all interested parties, including those who had nominated or been nominated by Owen. Such basic information is material that parties interested in the protest are entitled to receive in order to have notice of the subject matter and basis of the protest. The social security numbers were not published in the eligibility decision itself, which is publicly available.
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 Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20006-1416, 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 230
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
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 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
Liz Snyder
4240 Telegraph Road
Bliss, NY 14024
Ken Owen
12645 Bebee Road
Irving, NY 14081
Richard Focucci
167 Hollywood Avenue
Buffalo, NY 14220
Pete Ratzel
8855 Clarence Center Road
Clarence Center, NY 14032
Robert Mamon
Secretary-Treasurer
GCC Local Union 17B
295 Main Street #738
Buffalo, NY 14203
David F. Reilly, Esq.
22 West Main Street
North Kingston, RI 02852
dreilly@rooltd.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com