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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: RICK MAZAK,
Protest Decision 2001 EAD 518
Issued: October 22, 2001
OEA Case No. PR100512CA

Rick Mazak, a member of Local 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"). Mazak alleges that Ray Hill, Bob Munro, and John Munro campaigned for IBT General President candidate James P. Hoffa on union time or work time.

Election Administrator representative Gwen Randall investigated the protest.

Findings of Fact and Analysis

On October 3, 2001, Hill, Bob Munro and his brother John Munro campaigned at Allied Systems' Lambeth, Ontario facility. The protestor claims that the campaigners arrived at 3:00 p.m., which "suggests" that they campaigned while on the union payroll. Mazak was not at the facility at 3:00 p.m. but informed our representative that Norbert Tisler was at the facility and could corroborate the claim. Tisler said that the campaigners arrived between 3:30 p.m. and 4:00 p.m. because they were in the lot when he arrived at around 4:00 p.m.

The campaigners assert that they arrived later than Mazak's protest alleges and that they did not campaign while on union-paid time or employer-paid time. Hill said that he took vacation on October 3. Bob Munro indicated that his workday at Allied Systems' Windsor facility ended at 2:00 p.m. and has provided logs to substantiate his position. John Munro states that he attended a Teamsters Canada small package seminar in Niagara Falls from September 30 through October 2. On October 3, he went to a grievance hearing in St. Catharine, near Niagara Falls, until 1:00 p.m. Afterwards, he started the four-hour drive towards home because his official union business was done for the day. On his route home, he says he stopped at the Lambeth facility at around 4:40 p.m. to campaign. Steward Derek Jensen saw the campaigners and estimated that Bob and John Munro arrived around 4:30 p.m. or 4:45 p.m.

The protestor has provided insufficient evidence of campaigning during union-paid or employer-paid time. Accordingly, 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 (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 518

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 Lane

Eugene, OR 97404

Todd Thompson

209 Pennsylvania Ave., SE

Washington, DC 20003

Matt Ginsburg

P.O Box 6678

Arlington, VA 22206

 

James L. Hicks, Jr., P.C.

Suite 1100

2777 N. Stemmons Freeway

Dallas, TX 75207

Rick Mazak

40075 Longhurst Line

RR #7

St. Thomas, ON N5P 3T2

Canada

IBT Local 938

275 Matheson Blvd. East

Mississauga, ON L4Z 1X8

Canada

John Munro

IBT Local 880

6566 Hawthorne Dr.

Windsor, ON N8T 1J9

Canada

Bob Munro

232 Greenwood Crescent

Emeryville, ON N0R 1A0

Canada

Allied Systems

Attn: Thomas Duffy

160 Claremont Avenue

Suite 600

Decatur, GA 30030

Allied Systems

Human Resource Manager

6151 Colonel Talbot Road

London, ON N6P 1J2

Canada

Gwen Randall

421 Seventh Ave., SW

Calgary, AB T2P 4K9

Canada