OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: FRED ZUCKERMAN, ) Protest Decision 2015 ESD 3
) Issued: June 23, 2015
Protestor. ) OES Case No. P-002-052815-MW
____________________________________)
Fred Zuckerman, member of Local Union 89 and candidate for International office, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).
Election Supervisor representative Jeffrey Ellison investigated this protest.
The protest alleged that Mike Philbeck, president and principal officer of Local Union 651, violated the Rules by preparing and copying for distribution a flyer critical of Zuckerman. The protest further alleged that Rick Rutledge, Local Union 651 business agent, violated the Rules by distributing the flyer at a USF Holland terminal under the local union’s jurisdiction.
Philbeck and Rutledge responded to the protest with evidence that the flyer in question was prepared on personal time with personal resources and was distributed at the Holland facility during non-work hours.
On June 22, 2015, counsel for the protestor requested to withdraw the protest. We find that permitting withdrawal is consistent with the Rules. Accordingly, we deem this protest WITHDRAWN.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:
Election Appeals Master
c/o Richard W. Mark, Election Supervisor
1050 17th Street, N.W., Suite 375
Washington, D.C. 20036
electionsupervisor@ibtvote.org
(202) 774-5526 fax
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, 1050 17th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: [EAM]
2015 ESD 3
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
braymond@teamster.org
David J. Hoffa
1701 K Street NW, Ste 350
Washington DC 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
Teamsters United
315 Flatbush Avenue, #501
Brooklyn, NY 11217
info@teamstersunited.org
Louie Nikolaidis
350 West 31st Street, Suite 40
New York, NY 10001
lnikolaidis@lcnlaw.com
Julian Gonzalez
350 West 31st Street, Suite 40
New York, NY 10001
jgonzalez@lcnlaw.com
David O’Brien Suetholz
515 Park Avenue
Louisville, KY 45202
dave@unionsidelawyers.com
Rob Colone
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Mike Philbeck, President
Teamsters Local Union 651
100 Blue Sky Parkway
Lexington, KY 40509
mphilbeck@teamsters651.org
Rick Rutledge, Business Agent
Teamsters Local Union 651
100 Blue Sky Parkway
Lexington, KY 40509
rrutledge@teamsters651.org
Robert Baptiste
1150 Connecticut Ave., NW, Suite 315
Washington, DC 20036
rbaptiste@bapwild.com
Bill Broberg
1108 Fincastle Rd
Lexington, KY 40502
wbroberg@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Suite 210
Ann Arbor, MI 48104
EllisonEsq@aol.com