Protest Decisions

            Richard Sandberg, member of Local Union 377, 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”). 

            Election Supervisor representative Denise Ventura investigated this protest.

The protest alleged that John Lesicko retaliated against protestor Sandberg for his delegate candidacy and election as delegate representing Local Union 377 by filing internal union charges against him and others in August 2011 alleging that Sandberg had committed misconduct when he served as a local union trustee in 2007.  Following a trial before a Local Union 377 trial panel that sustained one of the charges and imposed a fine and suspension from membership therefor, Sandberg and the other respondents appealed the decision to Joint Council 41, which elected to conduct a retrial of the charges.  By report and recommendation issued January 11, 2012, the joint council trial panel found no merit to the charges and recommended that the appeals be sustained and the charges dismissed in their entirety.

Based on the joint council trial panel’s report and recommendation, protestor Sandberg[1] made written request on January 15, 2012 to withdraw this protest.  Finding that withdrawal furthers the purposes of the Rules, we deem this protest WITHDRAWN.

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.