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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: STEFAN OSTRACH,
Protest Decision 2000 EAD 65
Issued: December 19, 2000
OEA Case No. PR110601WE

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 decisions in 2000 EAD 57 and 2000 EAD 60.[1]  On appeal from the decision in 2000 EAD 57, the IBT, through its retained counsel Bradley Raymond, stated that "the Election Administrator's conclusions and remedy" in 2000 EAD 57 were "calculated to achieve political, rather than remedial objectives."

As stated in 2000 EAD 60, any political bias on the part of the Election Administrator would contravene the requirement under Article I of the Rules that "[t]he Election Administrator … shall at all times discharge [his] duties and responsibilities faithfully and impartially." This obligation of impartiality also adheres by virtue of election agreement between the IBT and the United States and the Consent Decree. Lack of impartiality would be sufficient grounds for my removal as Election Administrator under the final paragraph of Article I of the Rules.

Moreover, given the history of IBT elections under the predecessor election rules, and past allegations directed against certain of my predecessors, it is important that the Election Administrator avoid even the appearance of partiality. This is precisely the reason that I scheduled a hearing to consider the allegations of political bias made by the IBT in its appeal from 2000 EAD 57.

That hearing was held on December 18, 2000. Counsel for the IBT and the TDU attended. At the hearing, counsel for the IBT introduced his letters of December 13 and 14, 2000, in which he stated that it was "not [his] intention to suggest that the IBT … believe[s] that the decision in [2000 EAD 57] was infected by partisanship or bias." Letter of Bradley Raymond dated December 13, 2000. Further, Raymond's letter stated that "neither the IBT, nor I, have any desire to have you withdraw as Election Administrator because 'of bias or other misconduct,' or for any other reasons…" Id.

In light of the IBT's submissions, the Election Administrator considers the allegations of political bias and lack of impartiality on his part to be withdrawn. However, all parties are cautioned against using language, whether inadvertent or not, which impugns the impartiality of the Office of the Election Administrator, except in cases where such party intends to allege a violation of Article I of the Rules by the Election Administrator or his staff. Absent such intent, parties should avoid language that calls into question the impartiality of the Election Administrator, lest his authority under the Rules, and his role as a neutral arbiter, be undermined.

Accordingly, this matter is deemed 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 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, 10th Floor, Washington, DC 20005, all within the time period prescribed above.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

2000 EAD 65

 

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

[1]    Our decision in 2000 EAD 60 withdrew our earlier decision in 2000 EAD 57.  Given the ruling in this decision, the decision in 2000 EAD 57, and the appeals from that decision, are hereby reinstated.