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IN RE: LEEDHAM SLATE, Protestor. The Tom Leedham Strong Contracts, Good Pensions slate filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election (“Rules”). The protest alleged that Kathy DeBorde, a member of Local Union 957, was not given time off to observe the counting of the ballots, in violation of the Rules. Election Supervisor representative Steven R. Newmark investigated this protest. Findings of Fact and Analysis Article IX, Section 2(f) of the Rules states that “[t]ime spent observing [a ballot count] shall be considered as time spent on Union business. Therefore, upon written request of any observer, the appropriate Union officer, business agent, steward, etc., shall so certify to such observer’s employer or to any other person or entity to whom the observer reasonably requests such certification be given.” DeBorde, an employee of UPS at the West Carrollton, Ohio facility, mailed a written request for time off from work to observe the counting of ballots for the International election to Local Union 957 business agent Dick Carter on October 23, 2006. DeBorde sought to take time off for the week of November 13, 2006, when the Election Supervisor will conduct the ballot count (“Count”) for International and regional IBT offices. On November 6, John Webb, a steward at the West Carrollton UPS facility, told DeBorde that Carter had not notified UPS that DeBorde wished to take time off for the Count. This protest followed on November 8. On November 9, 2006, DeBorde received, by mail, a copy of a letter from Carter to management at the West Carrollton UPS facility. The letter stated that DeBorde would be absent from work during the Count. DeBorde also hand-delivered a photocopy of this letter to the West Carrollton UPS facility. On November 10, 2006, DeBorde received confirmation that her supervisor, Tracy Brown, agreed to give her the time off. Accordingly, we deem this protest RESOLVED. 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 Supervisor 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 Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1725 K Street, N.W., Suite 1400, Washington, D.C. 20006-1416, all within the time prescribed above. A copy of the protest must accompany the request for hearing. Richard W. Mark DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED): Bradley T. Raymond, General Counsel David J. Hoffa Barbara Harvey Ken Paff Daniel E. Clifton Stefan Ostrach Dan Lutz Kathy DeBorde Varney Richmond, President Steven R. Newmark Jeffrey Ellison |
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