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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: BENNY STEPHENSON,
Protest Decision 2001 EAD 139
Issued: February 6, 2001
OEA Case No. PR010812AT

Benny Stephenson, a member of Local 728, 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"). Stephenson alleges that Local 728 business agent Earl Parker improperly campaigned inside the local union's premises when he gave Hoffa t-shirts to delegate candidates Kathy McNeil and IBT Personal Representative Vince Hickman at the Local 728 hall after the completion of the Local 728 delegate nomination meeting.

Election Administrator representative J. Griffin Morgan investigated the protest.

Findings of Fact

Local 728 held its delegate and alternate delegate nomination meeting on January 6, 2001 at its hall in Atlanta, Georgia. After the meeting ended and while a candidate's meeting was being conducted, Parker brought two Hoffa t-shirts into the meeting room, gave one to McNeil (who is on the same delegate slate as Parker), and the other to Hickman, who had conducted the nomination meeting.

Stephenson, a candidate on an opposing slate, observed Parker. He complained to Art Wasserman, the Election Administrator's representative at the nomination meeting. Stephenson said that Parker had acted improperly because he was campaigning inside the local union hall. Wasserman instructed Parker not to do so. Parker responded that he had paid for the t-shirts with his own money, and thought he was within his rights in giving the shirts to McNeil and Hickman. However, he agreed to cease his activity.

Stephenson, Parker and Jimi Richards, a fellow candidate on Stephenson's slate and an opponent of Parker, all agree that the practice at Local 728 is to confine the distribution of campaign materials to the parking lot, and to prohibit it inside the Union's building.

We deem this protest RESOLVED. Wasserman acted immediately when Stephenson complained, and sought and obtained Parker's consent to cease what may have been an improper distribution of campaign materials inside the union hall. No further remedial action is necessary or appropriate here.

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 139

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 728

2540 Lakewood Ave. SW

Atlanta, GA 30315

 

J. Griffin Morgan

Elliott, Pishko, Gelbin & Morgan

500 West Fourth Street

Winston-Salem, NC 27120

 

Benny Stephenson

815 Pleasant Hill Road NW

Conyers, GA 30012