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Office of the Election Supervisor for the International Brotherhood of Teamsters

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: SANDY POPE,                                 )           Protest Decision 2011 ESD 301

                                                                        )           Issued: July 6, 2011

             Protestor.                                           )           OES Case Nos. P-294-062911-NA              

____________________________________)

            

Sandy Pope, member of Local Union 805 and candidate for IBT General President, filed a pre-election 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 Hoffa-Hall 2011 supporters disrupted the nominations process on the second and third days of the IBT convention by crowding the microphone areas and yelling and drowning out nominators and seconders of candidates the Hoffa-Hall slate opposed.  The relief the protest sought was a cease and desist order to Hoffa-Hall supporters that such conduct would not be tolerated during the nomination of candidates for General President on the fourth day of the convention.[1]

            On the fourth day of the convention, the Election Supervisor and his staff worked with the IBT sergeants at arms and directed key personnel within the Hoffa-Hall campaign to assert reasonable control over that campaign’s supporters.  Through these methods, the nominators and seconders of candidates nominated in opposition to Hoffa-Hall’s candidates for General President and General Secretary-Treasurer, including the nominator and seconder for protestor Pope, were able to speak in an environment where the convention could hear all of the presentations and Pope’s acceptance statement.  The delegates heard the speeches, and each delegate was able to react with expressions of approval or disapproval.  As a result, the convention assembly heard a full dialogue among supporters of competing candidates.

            In light of these events, we deem this protest RESOLVED.

 

            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, NY  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, 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.



[1] We note that Pope, a candidate successfully nominated to the ballot for IBT General President, is not affiliated with a slate.  There were no floor nominations on the second or third day of the convention of candidates for vice-president or International trustee who were affiliated with Pope. 

 

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:        Kenneth Conboy

            2011 ESD 301

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 Hall 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

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


Maria S. Ho

Office of the Election Supervisor

1801 K Street, N.W., Suite 421 L

Washington, D.C. 20006

mho@ibtvote.org

Kathryn Naylor

Office of the Election Supervisor

1801 K Street, N.W., Suite 421 L

Washington, D.C. 20006

knaylor@ibtvote.org

Jeffrey Ellison

214 S. Main Street, Ste. 210

Ann Arbor, MI 48104

EllisonEsq@aol.com