IN RE: STEFAN OSTRACH,
Protest Decision 2000 EAD 60
Issued: December 12, 2000
OEA Case No. PR110601WE
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:
1. The decision in 2000 EAD 57 is withdrawn pending resolution of the IBT's bias allegations by the Election Administrator and any appeals from such decision.
2. The IBT's bias allegations shall be resolved on the basis of the record to be developed at the hearing ordered in paragraph 3 below, and based upon that record the Election Administrator shall determine whether good cause exists for the Election Administrator to withdraw as Election Administrator because of political bias or other misconduct. This record shall form the basis for any appeal to the Election Appeals Master from the decision of the Election Administrator on this issue.
3. The IBT and its counsel Bradley Raymond are hereby ordered to appear in person at a hearing to be held by the Election Administrator on December 15, 2000, at 10:00 a.m., at 1000 Farmer Street, Detroit, Michigan, at which time the Election Administrator will consider any evidence and any other submission by the IBT or any other interested party concerning the IBT's allegations. These proceedings shall be transcribed by a court reporter, and any testimony, exhibits and/or written or oral submissions shall be received into the record at that time. The Election Administrator shall be available for examination under oath at that hearing by any interested party. Any other party that wishes to attend and participate in this hearing may do so, either in person or by telephone. The United States Attorney for the Southern District of New York, or any other representative of the United States, may also appear at and participate in this hearing.
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