Protest Decision 2001 EAD 181

Office of the Election Supervisor
for the International Brotherhood of Teamsters

IN RE: RENE VASQUEZ,
Protest Decision 2001 EAD 181
Issued: February 21, 2001
OEA Case No. PR020714MW

See also Election Appeals Master decision 01 EAM 41 (KC)

Rene Vasquez, a member of Local 705, 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"). He alleges that Local 705 secretary-treasurer Gerald Zero violated the Rules and the IBT Constitution by distributing a letter on Local 705 stationery that recommended the services of a law firm with a significant work-related injury practice.

Election Administrator representatives Dennis Sarsany and Nancy Golen investigated the protest.

Notwithstanding our February 8, 2001 protest acknowledgment letter to Vasquez which requests that interested parties contact the Election Administrator’s investigator, Vasquez made no attempt to contact Election Administrator’s Regional Director Dennis Sarsany, who was assigned to investigate the protest. Thereafter, Sarsany directed Midwest Region Adjunct Nancy Golen to contact Vasquez. When she did, he refused to speak to her and advised Golen that his protest letter contained "enough evidence to prove that Mr. Zero violated the election rules and the IBT constitution."

We DISMISS this protest because Vasquez has failed to cooperate with our investigation, as required by Article XIII, Section 2(g) of the Rules.

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 15^th 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.

Election Administrator

cc: Kenneth Conboy

2001 EAD 181

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

Rene Vasquez

6433 West 26^th Place

Berwyn, Illinois 60402

Gerald Zero

IBT Local 705

1645 West Jackson Blvd.

Chicago, IL 60612

Dennis Sarsany

1829 Eddy Street

Chicago, IL 60657