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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: J. ROBERT BURGER,
Protest Decision 2001 EAD 126
Issued: February 2, 2001
OEA Case No. PR010912MW

J. Robert Burger, a member of Local 120, 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"). Burger alleges that he and other members of Local 120 did not receive the October-November edition of the Teamster magazine and were, therefore, not able to review the candidate "battle pages" of campaign material as provided for under the Rules. The protestor also claims that he and his fellow members did not receive the December issue of the magazine.

Election Administrator representative Dennis Sarsany investigated the protest.

Findings of Fact and Analysis

Our investigation revealed that approximately 39,000 members of thirteen IBT local unions in Minnesota, including Local 120, were not sent the two issues of the Teamster magazine mentioned in the protest.

IBT information systems department director Baker Killam explained that the reason for this error was a changeover in its TITAN computer system that affected the thirteen local unions, which were the first shifted to the new system as a test of its performance. Once this error was discovered, IBT Secretary-Treasurer Tom Keegel ordered additional copies of the magazine issues printed and mailed to the 39,000 members, along with an explanatory letter. Such mailing is to occur imminently.

Article VII, Section 10 of the Rules provides for publication of campaign materials by each accredited candidate in the October 2000 issue of the Teamster magazine, as well as certain other issues. These issues are to be sent to each member of the IBT in a timely fashion, in order that the intent of the Rules provision be effectuated.

The error here was unintentional, however, and the IBT took prompt corrective action upon discovery. Further, the computer problem that led to the error has now been corrected and we find that no further remedy is necessary. 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 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 126

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

 

IBT Local 120

2635 University Ave. West

Suite 120

St. Paul, MN 55114

 

J. Robert Burger

2914 East 25th Street

Minneapolis, MN 55406