IN RE: TOM KRAUSE,
Protest Decision 2001 EAD 149
Issued: February 8, 2001
OEA Case No. PR010814AT
Tom Krause, a delegate candidate and a member of Local 992, 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 Local 992. Krause alleges that Local 992 failed to provide him with an accurate worksite list as required by Article VII, Section 1(b) of the Rules.
Election Administrator representative William W. Thompson II investigated the protest.
Findings of Fact and Analysis
Local 992 provided Krause with a worksite list that he alleged was deficient and that admittedly did not have a correct mailing address for one of many employers, namely, Schmidt Day Old Bakery in Martinsburg, West Virginia. After this protest was filed, the local union provided a corrected worksite list to Krause by certified mail on January 22, 2001. The local union mails ballots to its members for its delegate election on February 15, 2001. Because the deficiency in the worksite list here was minor, was corrected in a timely fashion, and was corrected at a time sufficiently in advance of the mailing of ballots to provide Krause with a full opportunity to campaign, 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, 10th 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
2001EAD149
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
645 Griswold
Penobscot Building
Suite 1800
Detroit, MI 48226
Betty Grdina
Yablonski, Both & Edelman
1140 Connecticut Ave. NW
Washington, DC 20036
Tom Leedham c/o Stefan Ostrach
110 Mayfair Lane
Eugene, OR 97404
IBT Local 992
10312 Remington Dr.
Hagerstown, MD 21740
Tom Krause
7012 Great Cove Rd.
Warfordsburg, PA 17267
J. Griffin Morgan
Elliott, Pishko, Gelbin & Morgan
500 West Fourth Street
Winston-Salem, NC 27120