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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: DAVE RASO,
Protest Decision 2001 EAD 345
Issued: May 4, 2001
OEA Case No. PR020816CA

Dave Raso, member of Local Union 938 and candidate for delegate, 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 Purolator Courier impermissibly interfered with his slate's rights to post campaign literature. We deferred this protest for post-election consideration pursuant to Article XIII, Section 3(b) of the Rules.

Election Administrator representative Gwen Randall investigated the protest.

Findings of Fact and Analysis

Raso, candidate on the 938 Members slate, alleges Purolator removed his slate's postings from a bulletin board at its Downsview facility while allowing literature of the opposing slate to remain. Purolator admits enforcing its policy barring campaign postings, but asserts it did so against both slates without discrimination.

Each candidate for delegate and alternate delegate on the 938 Members slate was elected. Thus, even if Purolator violated the Rules, its conduct did not affect the outcome of the election. Accordingly, we DENY this protest. However, we note that Purolator's conduct continues to be governed by the Rules, including the requirement that it refrain from any conduct that improperly discriminates between candidates for International office or interferes with members' pre-existing rights to post campaign material on bulletin boards. See Article VII, Section 11(f).

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 345

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

 

Dave Raso

3293 Aubrey Road

Mississauga, ON L5L 5C9

 

John Hull

3231 Eglinton Avenue East

Apt. 1705

Toronto, ON M1J 3N5

Canada

 

IBT Local 938

275 Matheson Blvd. West

Mississauga, ON L4Z 1X8

Canada

 

Ray Bartolotti

c/o Watson Kucey

Labour Lawyers

3555 Lakeshore Blvd. West

Toronto, ON M8W 1P4

Canada

 

Ray Bartolotti

63 Centennial Parkway South

Stoney Creek, ON L8G 6T1

Canada

 

Michael J. Goldberg

73 Harrowgate Drive

Cherry Hill, NJ 08003

 

Purolator Courier, Ltd.

Legal Department

5995 Avebury Road

Mississauga, ON L5R 3T8

Canada

 

Gwen Randall

421 Seventh Avenue, SW

Suite 3300

Calgary, AB T2P 4K9