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IN RE: STEFAN OSTRACH, See also Election Appeals Master decision 01 EAM 15 (KC) Stefan Ostrach, a member of Local 206, 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 Rome Aloise, secretary-treasurer of Local 853 and an International Union representative. The protester alleges that on November 1, 2000, at a meeting of various IBT local union officials called to discuss support for Local 439’s strike against Summit Logistics ("SL"), Aloise threatened retaliation against Local 439 and its members because of Local 439 secretary-treasurer Howard Rempfer’s candidacy for International office on the Tom Leedham slate. This decision follows our earlier decision in 2000 EAD 57. On appeal from that decision, the IBT, through its retained counsel Bradley Raymond, alleged that the decision in 2000 EAD 57 was the product of political bias on the part of the Election Administrator. Specifically, the IBT has alleged that "the Election Administrator’s conclusions and remedy" in 2000 EAD 57 were "calculated to achieve political, rather than remedial objectives." Any political bias on my part as Election Administrator would contravene my obligations under the Rules, the election agreement between the IBT and the United States, and the Consent Decree, and would be sufficient grounds for my removal as Election Administrator under the final paragraph of Article I of the Rules. Given the history of IBT elections under the predecessor election rules, and past allegations directed against certain of my predecessors, it is important that all allegations of political bias by the Election Administrator be fully addressed. In light of the seriousness of the IBT’s allegations and of the foregoing, and in order that the allegations of the IBT may be fully considered and resolved after the development of a complete record as to the IBT’s allegations, I hereby ORDER as follows:
William A. Wertheimer, Jr. William A. Wertheimer, Jr. Election Administrator
cc: Kenneth Conboy 2000 EAD 60
DISTRIBUTION LIST VIA FACSIMILE AND UPS NEXT DAY AIR:
Kenneth Conboy Election Appeals Master Latham & Watkins Suite 1000 885 Third Avenue New York, NY 10022 Fax: 212.751.4864
Beth Goldman Office of the United States Attorney for the Southern District of New York 100 Church Street 19th Floor New York, NY 10007 Fax: 212.637.2825
Patrick Szymanski IBT General Counsel 25 Louisiana Ave. NW Washington, DC 20001 Fax: 202.624.6884
Bradley T. Raymond Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman 32300 Northwestern Highway Suite 200 Farmington Hills, MI 48334 Fax: 248.855.6501
J. Douglas Korney Korney & Heldt 30700 Telegraph Road Suite 1551 Bingham Farms, MI 48025 Fax: 248.646.1054
Barbara Harvey 645 Griswold Penobscot Building Suite 1800 Detroit, MI 48226 Fax: 313.963.3572
Tom Leedham c/o Stefan Ostrach 110 Mayfair Lane Eugene, OR 97404 Fax: 541.607.4484
Betty Grdina Yablonski, Both & Edelman Suite 800 1140 Connecticut Ave. NW Washington, D.C. 20036 Fax: 202.463.6688
Teamsters Local 439 1531 E. Fremont Street Stockton, CA 95205 Fax: 209.948.3424
Rome A. Aloise Teamsters Local 853 2100 Merced Street Suite B San Leandro, CA 94577 Fax: 510.895.6853
IBT Joint Council 7 250 Executive Park Blvd. Suite 3100 San Francisco, CA 94134 Fax: 415.467.1022
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