This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: KEN WENHAM,
Protest Decision 2001 EAD 298
Issued: April 9, 2001
OEA Case No. PR022111WE

Ken Wenham, a member of Local 690, 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"). He alleges that Local 690 president Val Holstrom and vice-president Bob Holman improperly campaigned inside a UPS facility in Spokane, Washington.

Election Administrator representative Paige Keys investigated the protest.

Findings of Fact and Analysis

Holstrom and Holman car-pooled to a Local 690 meeting in Pasco, Washington on February 15, 2001. Holman left his truck in the UPS Spokane parking lot. When the two returned to the parking lot after the meeting, Holman told Holstrom that he was going inside the facility to get his paycheck. He was not on the clock. He asked Holstrom if he wanted to come inside and have a look. Holstrom agreed, and Holman signed him in as entering the facility on union business.

According to Holstrom and Holman, they did not engage in any campaign activity in the building. They also claim that they wore no campaign insignia. Several employee witnesses corroborated these claims, and failed to corroborate the claim of a witness provided by the protestor who alleges that other UPS Spokane employees told her that Holstrom and Holman campaigned inside the Spokane facility on February 15. The protestor failed to present any evidence that either Holman or Holstrom did so. Due to this insufficiency of evidence, we DENY 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 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 (fax: 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 298

DISTRIBUTION LIST (BY AIRBORNE EXPRESS):

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

 

Val Holstrom

Bob Holman

IBT Local 690

1912 North Division Street

LL #103

Spokane, WA 99207

 

Ken Wenham

723 E. Sinto

Spokane, WA 99202

 

Lindsay Marshall

UPS, Inc. Legal Department

55 Glenlake Pkwy. NE

Atlanta, GA 30328

 

Gary Tocci

Kim Kaplan

Schnader, Harrison, Segal & Lewis

Suite 3600

1600 Market St.

Philadelphia, PA 19103