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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: JOHN WINZENRIED,
Protest Decision 2001 EAD 136
Issued: February 6, 2001
OEA Case No. PR011211AT

John Winzenried, a member of Local 177, 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"). Winzenried alleged that the slate of delegate and alternate delegates originally named the "Executive Board/Rank & File Slate" had improperly adopted a slate name that described the slate members as incumbents, or suggested that they were such, in violation of violated Article II, Section 10(e) of the Rules.

Election Administrator representative J. Griffin Morgan investigated the protest.

One of two slates formed for the Local 177 delegate and alternate delegate election adopted the title "Executive Board/Rank & File Candidates" as the name of its slate. Prior to receiving the protest, the Election Administrator's Regional Director informed the candidates on this slate that the name of the slate would have to be changed because of the provisions of Article II, Section 10(e) of the Rules, which prohibits any indication of incumbency on delegate election ballots.

The slate promptly agreed to change its name to the "Leadership Slate Candidates." The results of the nomination meeting containing the new slate name were posted one day after the original posting was made containing the prior slate name.

No further action is necessary here to ensure compliance with the Rules. This protest is moot and 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, 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 136

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 177

282 Hillside Avenue

Hillside, NJ 07205

 

J. Griffin Morgan

Elliott, Pishko, Gelbin & Morgan

500 West Fourth Street

Winston-Salem, NC 27120

 

John Winzenried

8 Clover Hill Road

Flemington, NJ 08822