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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: THOMAS JONES,
Protest Decision 2001 EAD 92
Issued: January 23, 2001
OEA Case No. PR120501ME 

Thomas Jones, a member of Local 115, 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"). The protestor alleges that Local 115 member William Dickson, Sr. assaulted him with a motor vehicle on November 24, 2000 in retaliation for his failure to support Local 115 president James Smith, Jr. in local union affairs, including Smith's delegate candidacy.

Election Administrator representatives William B. Kane and William W. Thompson II investigated the protest.

Findings of Fact and Analysis

Smith is Local 115's president and a candidate for delegate to the 2001 IBT convention. Jones is a vocal opponent of Smith.

Jones claims that on November 27, 2000, he left work at the University of Pennsylvania at 3:30 p.m. Five minutes later, at the corner of 34th and Chestnut St. in Philadelphia, Jones was attempting to cross the street against the red light when he says a dark blue Chrysler approached from the east at about 40 miles per hour and veered in his direction, causing Jones to back up. He says that when the car passed, he noticed that it was driven by Local 115 member and Smith supporter William Dickson, Sr., and that Local 115 members William Dickson, Jr., Debbie Zampitella and Augustine Zampitella were also in the car. (The Zampitellas are married.) Jones says that when the car passed he saw Augustine Zampitella was in the front seat next to Dickson, Sr., and noticed that the Dicksons and the Zampitellas were all laughing hysterically. Jones filed a police report. A witness provided by Jones to these events did not corroborate him, other than to say that on November 27 he saw Jones yelling at a car that had already passed him at the corner of 34th and Chestnut.

Dickson, Sr. denied the incident. He says he has little contact with Jones, that they work blocks apart on the University of Pennsylvania campus, and do not use the same time clock. (Jones agrees.) Dickson, Sr. drives a Chrysler, but it is gray. He also says that it is impossible to drive a vehicle at 40 miles per hour on the street in question in Philadelphia at 3:30 p.m. because of the heavy traffic. He further stated that Augustine Zampitella was not at work on November 27, and thus did not drive with Dickson. He admits, however, that he has seen Jones at the corner of 34th and Chestnut, since he drives past that corner every day on his way home from work. Debbie Zampitella corroborated Dickson, Sr.'s claims, including the absence of her husband from work on November 27.

We do not credit Jones description of the events of November 27, given the corroborated denial of Dickson, Sr. and the failure of Jones' witness to corroborate his testimony. Even if we were to credit Jones, however, we would still dismiss this protest since there is no evidence that Dickson, Sr.'s alleged behavior relates in any way to the 2001 IBT delegate election at Local 115. Absent such evidence, the Rules are simply not implicated here.

Accordingly, the protest is DENIED.

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 92

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

 

Thomas Jones

6451 Oxford Ave.

C-307

Philadelphia, PA 19111

 

William Dickson

4523 Edgemont St.

Philadelphia, PA 19137

 

IBT Local 115

2833 Cottman Avenue

Philadelphia, PA 19149