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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: EDWARD SALINAS,
Protest Decision 2001 EAD 163
Issued: February 14, 2001
OEA Case No. PR013015MW

Edward Salinas, a member of Local 705 and delegate candidate, 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"). Salinas alleges that Mike Colgan filed an eligibility protest against him and other members not on Colgan's slate that was politically motivated and constitutes harassment prohibited by the Rules.

Findings of Fact and Analysis

Salinas does not know Colgan personally, and knows only that Colgan is a business agent or local union officer at Local 705. Without specifics, he says that "they" (the people down at the local union hall) have been singling out members opposed to Salinas' slate and have been filing eligibility protests against them for the purpose of harassment. He says that he had been previously determined eligible by Bruce Boyens, the independent election officer appointed by Local 705, and that if Colgan had only asked Salinas' business agent, he would have realized that Salinas was on checkoff and was eligible to run as a candidate. He also alleges that an examination of Colgan's challenges to his fellow members' eligibility shows that those challenges were baseless.

Salinas could point to nothing specific that constituted harassment of him by Colgan, other than Colgan's eligibility protest, which we determined was meritless as to Salinas in Pluister, et al., 2001 EAD 133 (February 6, 2001). The filing of a protest that ultimately is found to be meritless is not, however, a violation the Rules. Members have the right to file and pursue protests. See Ironside, 2001 EAD 137 (February 6, 2001)

We accordingly 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 163

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 705

Attn: Mike Colgan

1645 West Jackson Blvd.

Chicago, IL 60612

 

Edward Salinas

5302 South McVicker

Chicago, IL 60638