IN RE: MARK KAMINSKI, Protestor.
Protest Decision 2011 ESD 182
Issued: March 23, 2011
OES Case No. P-226-031611-MW
Mark Kaminski, member of Local Union 700[1], 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 Hector Hernandez and other members of the Logan Slate in the Local Union 700 delegate election improperly campaigned outside a Local Union 700 meeting on March 13, 2011.
Election Supervisor representative Joe Childers investigated this protest.
On March 22, 2011, Kaminski requested to withdraw the protest. We find that permitting withdrawal of the protest is consistent with the purposes of 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 Accordingly, we deem this protest WITHDRAWN.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:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
885 Third Avenue, Suite 1000
New York, New York 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.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2011 ESD 182
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, 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
Mark Kaminski
3431 S. Wood Street
Chicago, IL 60608
032902@gmail.com
Becky Strzechowski, Assistant Trustee
Teamsters Local Union 700
1300 W. Higgins, Suite 300
Park Ridge, IL 60068
beckyski@comcast.net
Joe F. Childers
Getty & Childers, PLLC
250 W. Main Street, Suite 1900
Lexington, KY 40507
William C. Broberg
1108 Fincastle Road
Lexington, KY 40502-1838
wcbroberg@aol.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.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com
[1] The Trustee of Local Union 700, John T. Coli, maintains that protestor Kaminski is not permitted to file a protest because he was not a member of Local Union 700, as defined by our Rules, at the time he filed the protest. Coli produced for our investigator a decision of the Executive Board of Joint Council 25, dated March 8, 2011, eight days prior to filing this protest, which suspended Kaminski from membership in Local Union 700. Since pursuant to Article XIII, Section 1 of our Rules only "members" may file protests, and because "member" is defined as a "person ...who has [not] been ... suspended from membership after appropriate proceedings consistent with lawful provisions of the IBT Constitution and the by-laws of the Local Union," Coli's position is that the protest should not be considered. Kaminski advised our investigator that he has appealed his suspension from membership. Due to the withdrawal of this protest, and because Mr. Kaminski is not a candidate for delegate or alternate delegate, we need not decide whether the Rules permit him to file a protest.
