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IN RE: BENNY STEPHENSON, Benny Stephenson, a member of Local 728, 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"). Stephenson alleges that Local 728 business agent Earl Parker improperly campaigned inside the local union’s premises when he gave Hoffa t-shirts to delegate candidates Kathy McNeil and IBT Personal Representative Vince Hickman at the Local 728 hall after the completion of the Local 728 delegate nomination meeting. Election Administrator representative J. Griffin Morgan investigated the protest. Findings of Fact Local 728 held its delegate and alternate delegate nomination meeting on January 6, 2001 at its hall in Atlanta, Georgia. After the meeting ended and while a candidate’s meeting was being conducted, Parker brought two Hoffa t-shirts into the meeting room, gave one to McNeil (who is on the same delegate slate as Parker), and the other to Hickman, who had conducted the nomination meeting. Stephenson, a candidate on an opposing slate, observed Parker. He complained to Art Wasserman, the Election Administrator’s representative at the nomination meeting. Stephenson said that Parker had acted improperly because he was campaigning inside the local union hall. Wasserman instructed Parker not to do so. Parker responded that he had paid for the t-shirts with his own money, and thought he was within his rights in giving the shirts to McNeil and Hickman. However, he agreed to cease his activity. Stephenson, Parker and Jimi Richards, a fellow candidate on Stephenson’s slate and an opponent of Parker, all agree that the practice at Local 728 is to confine the distribution of campaign materials to the parking lot, and to prohibit it inside the Union’s building. We deem this protest RESOLVED. Wasserman acted immediately when Stephenson complained, and sought and obtained Parker’s consent to cease what may have been an improper distribution of campaign materials inside the union hall. No further remedial action is necessary or appropriate here. 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, all within the time period 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 139 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
IBT Local 728 2540 Lakewood Ave. SW Atlanta, GA 30315
J. Griffin Morgan Elliott, Pishko, Gelbin & Morgan 500 West Fourth Street Winston-Salem, NC 27120
Benny Stephenson 815 Pleasant Hill Road NW Conyers, GA 30012
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