IN RE: DANNY JOHNSON,
Protest Decision 2001 EAD 218
Issued: March 7, 2001
OEA Case No. PR021417SO
Danny Johnson, a member of Local 41, 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"). Johnson alleges that head steward Steve Jones placed "Dennis Speak Team" campaign literature on the outside of a bulletin board at a UPS facility in violation of UPS rules regarding such postings.
Election Administrator representative Dolores Hall investigated the protest.
Jones, head steward for the Lenexa Feeder drivers of UPS, acknowledged that he posted a notice on the outside of the glass-enclosed bulletin board at his worksite, but denies the notice was campaign material and argues that it did not mention the Local 41 delegate election.
Both Jones and Johnson provided copies of the notice which is the subject of this protest. The notice is entitled 'UPS MEMBERS NOT ASKED ABOUT NEW BUSINESS AGENT." It does not mention the Local 41 delegate election, nor does it allude to the International officer election. The notice contains only information of an internal political nature involving the appointment of business agents.
We DENY the protest. It does not involve conduct governed by the Rules.
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 (facsimile: 202-454-1501), all within the time 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 218
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
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Danny Johnson
20020 Missouri City Road
Liberty, MO 64068
Steve Jones
11615 Clare Road
Olathe, Kansas 66061
Dennis Speak
6907 North Brookside
Liberty, MO 64068
IBT Local 41
4501 Van Brunt Blvd.
Kansas City, MO 64130
Dolores Hall
1000 Belmont Place
Metairie, LA 70001