IN RE: JOHN HULL,
Protest Decision 2001 EAD 178
Issued: February 21, 2001
OEA Case No. PR020212CA and PR022012CA
John Hull, a member of Local 938 and candidate for delegate on the "938 Members slate" in that local, has filed pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") against Ray Bartolotti, president of Local 938 and candidate on the "Hoffa Canadian Unity slate" in Local 938. We issued our decision finding merit to the protest in Case No. PR020212CA and ordering relief in Hull, 2001 EAD 153 (February 10, 2001). That matter is pending on Mr. Bartolotti's appeal to the Election Appeals Master. We issued a supplemental decision in that case in Hull, 2001 EAD 166 (February 14, 2001). The protest in Case No. PR022012CA was filed on February 20, 2001 and is currently under investigation. A copy of that protest is attached as Exhibit A.
By letter of February 20, 2001, which was received by the Election Administrator on February 20, 2001, at 6:26 p.m. EST, Bartolotti's attorney Cynthia D. Watson requested a stay of the notice posting required by 2001 EAD 166. That posting was required to be completed by 5:00 p.m., February 20, 2001, yet Watson's request for relief from that decision's posting requirement came after the posting deadline.
Moreover, the order of posting set forth in 2001 EAD 166 ran to Local 938, not Watson's client Ray Bartolotti. The local union did not request a stay of the posting, the purpose of which was to notify the membership of Local 938 that the mail date for their delegate election ballots was being postponed.
New developments, however, now require a further delay in the mailing date for Local 938's delegate ballots. The protest in PR022011CA alleges further misconduct by Bartolotti. Under the Election Administrator's decision in Mazak, 2001 EAD 104, a finding after investigation that Bartolotti has engaged in a further Rules violation may result in his removal from the Local 938 delegate ballot. Therefore, in order to allow for proper investigation of the new protest, and any appeal from a decision on that protest, I direct that the mailing date for the Local 938 delegate elections be indefinitely postponed.
As a result, the posting requirement set by 2001 EAD 166 is vacated. Local 938 is hereby directed to immediately commence posting the notice attached as Exhibit B on each of Local 938's bulletin boards at every Local 938 worksite, as well as at all Local 938 offices. Any party contributing to any failure or delay in this posting will be subject to remedial action under Article XIII, Section 4 of the Rules. The posting required herein shall be completed by 5:00 p.m. February 23, 2001.
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 (via fax: 212.751.4864)
2001 EAD 178
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Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Fax: 202.624.6884
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Fax: 248.855.6501
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Fax: 248.646.1054
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Fax: 313.963.3572
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Fax: 202.463.6688
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Fax: 541.607.4484
IBT Local 938
275 Matheson Blvd. East
Mississauga, ON
Canada L4Z 1X8
Fax: 905.502.0076
John Hull
3231 Eglinton Ave. East
Suite 1705
Scarborough, ON
Canada M1J 3N5
Joe Pansino
Traders General Insurance Co.
2206 Eglinton Avenue East
11th Floor
Scarborough, ON M1L 4S8
Gwen Randall, Q.C.
Suite 3300
421 7th Avenue SW
Calgary, AB
Canada T2P 4K9
Fax: 403.260.3501
Cynthia D. Watson
3555 Lakeshore Blvd. West
Toronto, ON
Canada M8W 1P4
Fax: 416.253.7660
Michael Goldberg
73 Harrowgate Drive
Cherry Hill, NJ 08003
Fax: 302.477.2255
Ray Bartolotti
63 Centennial Parkway South
Stoney Creek, ON
Canada L8G 2C6
Rick Fyvie
2-601 Galahad Drive
Oshawa, ON
Canada L1J 6T1
Clay Nickerson
702-1900 Bloor Street East
Mississauga, ON
Canada L4X 2S1
Debora Jones
812-1900 Bloor Street East
Mississauga, ON
Canada L4X 2S1
Craig McInnes
113 First Street North
Stoney Creek, ON
Canada L8G 3NB
Noel Holohan
147 Aylmer Crescent
Stoney Creek, ON
Canada L8J 1K1
Allan Linkletter
291 East 12th Street
Hamilton, ON
Canada L9A 3X7