IN RE: RICK FYVIE,
Protest Decision 2001 EAD 489
Issued: October 3, 2001
OEA Case No. PR091712CA
Rick Fyvie, a member and vice-president of Local Union 938, 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") against Larry Barnett, a supporter of the Tom Leedham Rank & File Power slate (the "Leedham slate"). He alleges campaign activity by Barnett in violation of Article VII, Section 11 of the Rules.
Election Administrator representative Gwen Randall investigated the protest.
Findings of Facts and Analysis
Barnett attended a Local 938 meeting in Thunder Bay, Ontario on September 15, 2001. Barnett acknowledges that he applied Leedham stickers on the outside of the Local 938 office building. Shortly thereafter, the stickers were removed.
Barnett says that in previous election campaigns at both the Local and International level, such stickers were used by all parties, and applied freely at union and employer premises. Such a past practice, even if it occurred, is not protected by Article VII, Section 11(d) of the Rules, which protects certain pre-existing right to campaign on employer and union premises, among them the right to "solicit support, distribute leaflets or literature, conduct campaign rallies, hold fund-raising events or engage in similar activities…" Instead, the placement of campaign stickers on union property may suggest union endorsement of a candidate. Such placement violates Article VII, Section 11(c) and Article XI, Section 1(b)(6) of the Rules.
Based upon the foregoing, the protest is GRANTED.
Barnett and the Leedham slate are ordered to cease and desist from any further such violations of the Rules. In addition, by October 9, 2001, the Leedham slate shall mail at its own expense a copy of the attached Notice to all Local 938 members who attended the September 15 meeting.
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 489
NOTICE TO MEMBERS OF IBT LOCAL 938
The Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") prohibit the affixing of campaign stickers on union offices.
The Election Administrator for the International Brotherhood of Teamsters has found that on September 15, 2001 Larry Barnett, a supporter of the Tom Leedham Rank and File Power slate, affixed such stickers to the building housing Local 938's Thunder Bay, Ontario office. The Local's records indicate that you attended a meeting at the Thunder Bay office that day.
The Election Administrator will not permit such violations of the Rules, and has ordered Barnett and the Leedham slate to cease and desist from such violations and to mail this notice to all that attended the September 15 Thunder Bay meeting.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rules should be filed with William A. Wertheimer, Jr., Office of the Election Administrator, 727 Fifteenth Street, NW, Washington DC 20005, telephone 800-565-VOTE, fax (202) 454-1501.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
This is an official notice ordered by the Election Administrator for the International Brotherhood of Teamsters.
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
Todd Thompson
209 Pennsylvania Ave., SE
Washington, DC 20003
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11271
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
IBT Local 938
275 Matheson Blvd. East
Mississauga, ON L4Z 1X8
Canada
Rick Fyvie
601 Galahad Drive
Oshawa, ON L1K 1L9
Canada
Larry Barnett
3157 Oakview Road
Mississauga, ON L5N 7N8
Canada
Gwen Randall, Q.C.
421 Seventh Ave. SW
Calgary, AB T2P 4K9
Canada