Protest Decision 2000 EAD 32 - STEFAN OSTRACH and JACK MANDARO

Office of the Election Supervisor
for the International Brotherhood of Teamsters

IN RE: STEFAN OSTRACH and JACK MANDARO
Protest Decision 2000 EAD 32
Issued: October 4, 2000
OEA Case Nos. PR081603NA, PR082301AT, PR082501AT and PR083102WE

Stefan Ostrach, a member of Local Union 206, filed two pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") against the Hoffa 2001 campaign. Jack Mandaro, Secretary-Treasurer of Local 95, filed two similar protests against the Hoffa 2001 campaign. On October 2, 2000, we issued our decision in 2000 EAD 29, finding a violation of the Rules.

On October 3, 2000 the Hoffa 2001 campaign filed an appeal with the Election Appeals Master. In that appeal, the campaign requested a stay of "the portion of the Election Administrator’s decision that requires our client to fax signed copies of notices to Local Unions across the country…." As of this writing, no ruling on the stay request has been received from the Election Appeals Master.

By letter dated October 3, 2000 and received by fax today, the Hoffa 2001 campaign requested that the Election Administrator stay that portion of the decision in 2000 EAD 29 requiring the campaign to fax signed copies of notices to local unions.

We GRANT THE STAY pending resolution of the appeal.

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 remained 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, 885 Third Avenue, Suite 1000, New York, NY 10022. Copies of the request for hearing must be served upon the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 25 Louisiana Ave., NW, Washington, D.C. 20001, all within the time prescribed above. A copy of the protest must accompany the request for hearing.

_______________________

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

Ostrach and Mandaro, 2000 EAD 32

October 4, 2000

DISTRIBUTION LIST VIA FAX AND UPS NEXT DAY AIR:

Patrick Syzmanski IBT General Counsel 25 Louisiana Ave. NW Washington, DC 20001 Fax: 202.624.6884	Tom Leedham 18763 South Highway 211 Molalla, OR 97038 Fax: 503.824.3484
Bradley T. Raymond Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman 23200 Northwestern Highway Suite 200 Farmington Hills, MI 48334 Fax: 248.855.6501	Hoffa 2001 Campaign PO Box 2829 Alexandria, VA 22301 Fax: 202.454.5294
J. Douglas Korney Korney & Heldt 30700 Telegraph Road Suite 1551 Bingham Farms, MI 48025 Fax: 248.646.1054	Betty Grdina Yablonski, Both & Edelman 1140 Connecticut Ave. NW Washington, DC 20036 Fax: 202.463.6688
Barbara Harvey 645 Griswold Penobscot Building Suite 1800 Detroit, MI 48226 Fax: 313.963-3572	Stefan Ostrach 110 Mayfair Lane Eugene, OR 97404 Fax: 541.607.4484
Jack Mandaro IBT Local 95 7294 Merrimac Trail Williamsburg, VA 23185 Fax: 757.229.2868