Protest Decisions

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: CHRIS TOOLE,                              )           Protest Decision 2016 ESD 315

                                                                        )           Issued: October 26, 2016

            Protestor.                                           )           OES Case No. P-354-082216-NE     

____________________________________)                      

Chris Toole, member and secretary-treasurer of Local Union 118, 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”).  The protest alleged a pre-election protest filed by Jeffery Scaglia in Case No. P-348-081916-NE was frivolous and had no evidentiary support; further, the protest alleged that Scaglia had perjured himself by signing the protest in Case No. P-348-081916-NE.

            Toole’s protest in Case No. P-354-082216-NE was identical in all respects to the protest he filed in Case No. P-352-082216-NE, although this protest was filed 11 minutes after the previous one.

            On August 22, 2016, Toole requested to withdraw this protest.  Finding that withdrawal serves the purposes of the Rules, we deem this protest WITHDRAWN.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:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

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 17^th 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:        Kathleen A. Roberts

            2016 ESD 315

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