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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: MURPHY JONES,
Protest Decision 2001 EAD 161
Issued: February 13, 2001
OEA Case No. PR020713AT

Murphy Jones, Gary Sloop, and Ron Williams, candidates for delegate on the Home Team slate, 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"). They allege that Local 391's bookkeeping department intentionally delayed mailing a letter to Jones requesting the payment of dues for May, August, and September 2000 in order to cause Jones to be declared ineligible to run as a delegate candidate.

Election Administrator representative J. Griffin Morgan investigated the protest.

Findings of Fact and Analysis

Before Local 391's nomination meeting on January 13, 2001, Jones requested that we verify his eligibility to run as a delegate candidate in the local's delegate election. An investigation revealed that Jones had not paid dues for May, August, and September 2000. Ultimately, however, for reasons not material here, we verified Jones' eligibility through December 2000 on January 11, 2001. No party has challenged this determination.

On January 30, 2001, Ann Roberts of Local 391's bookkeeping department mailed a letter to Jones requesting payment for the three months' dues. She sent similar letters to other Local 391 members with unpaid dues. All of these letters were dated January 17, 2001. Discussions with Roberts reveal that she began drafting the letters on January 17, 2001 but did not have an opportunity to finalize them until January 30, 2001, when they were mailed, because she was waiting for information necessary to complete the letters. There is no evidence of any improper motivation for this delay in mailing.

Accordingly, we DENY the protest.

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 161

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 391

Attn: Mike McGaha

3100 Sandy Ridge Rd.

Colfax, NC 27235

 

Murphy L. Jones

954 Pauls Creek Rd.

Cana, VA 24317

 

J. Griffin Morgan

Elliot, Pishko, Gelbin & Morgan

500 West Fourth St.

Winston-Salem, NC 27120