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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: GARY GREGORY
Protest Decision 2001 EAD 191
Issued: February 23, 2001
OEA Case No. PR010911MW

Gary Gregory, a Local 135 member, 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"). Gregory alleges that Local 135 requires its officers and business agents to contribute into a fund used to defray delegate election campaign expenses by means of regular payroll check deductions. Gregory alleges a violation of Article VII, Section 11(a) of the Rules.

Election Administrator representative Dennis Sarsany investigated this protest.

On February 20, 2001, we issued our decision in 2001 EAD 173 denying the protest. In light of further evidence concerning this protest that we now determine must be considered, we WITHDRAW our decision in 2001 EAD 173 and will further investigate the protest.

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 that 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 the parties listed above, as

well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15th Street N.W., Tenth Floor, Washington, D.C. 20005, facsimile (202) 454-1501, 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 191

DISTRIBUTION LIST (BY UPS NEXT DAY AIR UNLESS OTHERWISE SPECIFIED):

Patrick J. Szymanski
General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, DC 20001
(By Interoffice Mail)

Bradley T. Raymond
Finkey, Whitefield, Selik, Raymond,
Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334

J. Douglas Korney
Korney & Heldt
30700 Telegraph Rd.
Suite 1551
Bingham Farms, MI 48025

Barbara Harvey
Suite 1800
Penobscot Building
645 Griswold
Detroit, MI 48226

Tom Leedham
℅ Stefan Ostrach
110 Mayfair lane
Eugene, OR 97404

Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. N.W.
Washington, DC 20036

Local Union 135
Danny L. Barton, President
1233 Shelby St.
Indianapolis, IN 46203

Gary Gregory
10815 Bakeway Drive
Indianapolis, IN 46231

Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657