IN RE: JOHN HULL,
Protest Decision 2001 EAD 115
Issued: January 30, 2001
OEA Case No. PR011612CA
John Hull, a member of Local 938, and a delegate candidate on the "938 Members slate," filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") against Local 938 president Ray Bartolotti. The protest alleges that following Local 938's first nomination meeting on January 7, 2001, Bartolotti filed a slate declaration form naming his slate "The Hoffa Canadian Unity slate," and that after the local union's second nomination meeting on January 14, 2001, Bartolotti requested that the name of his slate be changed to the "Hoffa Members 938 slate." Hull asks that the name change be disallowed because of the possible confusion in the names of the two slates. Hull also questions whether the amendment complies with the requirements of the Rules.
Election Administrator representative Gwen Randall investigated the protest.
On January 24, 2001, Bartolotti withdrew the application to amend the slate name. The name of the slate he heads will remain the "Hoffa Canadian Unity Slate". Accordingly, this matter is 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 Administrator 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
Suite 1000
885 Third Avenue
New York, New York 10022
Fax: 212-751-4864
Copies of the request for hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street NW, Tenth Floor, Washington, DC 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2001 EAD 115
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
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Bingham Farms, MI 48025
Barbara Harvey
Penobscot Building
Suite 1800
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Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
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Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
IBT Local 938
Attn: Ray Bartolotti
275 Matheson Blvd. East
Mississauga, ON
Canada L4Z 1X8
John Hull
3231 Eglinton Ave. E.
Apt. 1705
Scarborough, ON
Canada M1J 3N5
Gwen Randall
421 Seventh Ave. SW
Suite 3300
Calgary, AB
Canada T2P 4K9