IN RE: ELIGIBILITY OF ERIC KAPLAN, Local Union 631.
Protest Decision 2011 ESD 117
Issued: February 17, 2011
OES Case No. E-038-020711-GP
Bruce Swearingen, member of Local Union 631, filed an eligibility protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Eric Kaplan is ineligible for nomination as alternate delegate to the 2011 IBT convention.
Election Supervisor representative Kathryn A. Naylor investigated this protest.
Findings of Fact and Analysis
Article XIII, Section 2(b)(1) of the Rules requires all pre-election protests, including eligibility challenges to delegate candidates, to be filed within two (2) working days of the day when the protestor becomes aware or reasonably should have become aware of the action protested or such protests shall be waived. Lawrence, 2000 EAD 19 (September 8, 2000) (time limits strictly applied to eligibility protests) and cases collected there; see also Eligibility of Griffith, 2011 ESD 107 (February 9, 2011).
Local Union 631 held its nominations meeting on January 6, 2011. Kaplan was nominated for delegate at that meeting. Protestor Swearingen was present at the nominations meeting and was aware of Kaplan's nomination. Swearingen filed the instant protest a month later on February 7, 2011. Consistent with the cited precedent, we DENY this protest as untimely filed.
In advance of the June 2011 IBT convention, all elected delegates and alternate delegates will have their dues payment histories examined to insure that they were eligible for nomination and are eligible to serve. In the event any elected delegate or alternate delegate is found at that time to have been ineligible for nomination or office, that person will not be issued convention credentials and will be replaced by the ranking alternate delegate.
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:
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, 1801 K Street, N.W., Suite 421 L, 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
2011 ESD 117
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Keegel 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington, D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
Bruce Swearingen
5304 Jeff Drive
Las Vegas, NV 89110
VIA UPS Overnight
Eric Kaplan
904 Boulder Sp
Las Vegas, NV 89128
VIA UPS Overnight
JohnPhillipenas,Secretary-Treasurer
Teamsters Local Union 631
700 North Lamb Blvd.
Las Vegas, NV 89110
johnp@teamsters631.com
Mary Ann Campbell
13859 State Road E.
DeSoto, MO 63020
scdennis@aol.com
Maria Ho
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
mho@ibtvote.org
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey J. Ellison
214 S. Main Street, Suite. 210
Ann Arbor, MI 48104
ellisonesq@aol.com