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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: JOHN HULL,
Protest Decision 2001 EAD 166
Issued: February 14, 2001
OEA Case No. PR020212CA

John Hull, a member of Local 938 and candidate on the "938 Members slate" in that local, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules of the 2000 - 2001 IBT International Union Delegate and Officer Election ("Rules") against Ray Bartolotti, president of Local 938 and candidate on the "Hoffa Canadian Unity slate" in Local 938. We issued our decision finding merit to the protest and ordering relief in Hull, 2001 EAD 153 (February 10, 2001).

Today, Bartolotti appealed that decision. The Election Appeals Master has tentatively scheduled a hearing on the appeal for Friday, February 16, 2001. The remedy ordered in 2001 EAD 153 ordered Bartolotti to take certain affirmative steps, set forth as paragraphs 1 through 4 of the order.

We stay, sua sponte, the above-referenced portion of our order until 11:59 p.m., Thursday, February 22, 2001, and modify the order as set forth below. We also order that the mailing of ballots in the Local 938 delegate election be postponed from February 20, 2001 until February 27, 2001, in order to preserve any meaningful remedial impact for the order set forth in paragraphs 1 through 4 referenced above, if affirmed by the Election Appeals Master. This postponement also necessitates that we postpone the date for the counting of ballots in the election from March 13, 2001 until March 20, 2001. We also order that copies of this decision be posted by Local 938 on each union bulletin board at each worksite that employs Local 938 members, in order that these members may be properly informed of these date adjustments. This posting shall be completed by 5:00 p.m., February 20, 2001.

Accordingly, consistent with the above, we modify numbered paragraphs 1 through 4 of the remedial order in 2001 EAD 153 to read as follows:

1. Bartolotti shall reimburse the insurance company and/or broker the full cost of the mailing by February 23, 2001, and provide proof of payment to the Election Administrator that day, with an itemized breakdown of the elements of the reimbursement.

2. Bartolotti shall reimburse the local union for the cost of production of the mailing list provided by it for the mailing by February 23, 2001, and provide proof of payment to the Election Administrator that day, with an itemized breakdown of the elements of the reimbursement.

3. Bartolotti shall pay the full cost for a one-page mailing of campaign literature by the opposing 938 Members slate and by any independent candidates in the Local 938 delegate election, with such mailing to be conducted, if requested, by February 23, 2001.

4. Bartolotti shall pay to the Election Administrator the full cost of the Election Administrator's mailing of a letter to all members of Local 938 from the Election Administrator in the form of Exhibit A attached to the decision in 2001 EAD 153. The Election Administrator shall complete this mailing by February 23, 2001.

Paragraphs 5 and 6 of our order in 2001 EAD 153 remain in effect and are not stayed. They provide:

5. Bartolotti shall cease and desist from any further Rules violation.

6. Our order in Mazak, 2001 EAD 104 (January 25, 2001), remains in effect.

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 (via fax: 212.751.4864)

2001 EAD 166

DISTRIBUTION LIST VIA UPS NEXT DAY AIR AND FAX WHERE INDICATED:

Patrick Szymanski

IBT General Counsel

25 Louisiana Ave. NW

Washington, DC 20001

Fax: 202.624.6884

 

Bradley T. Raymond

Finkel, Whitefield, Selik,

Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

Fax: 248.855.6501

 

J. Douglas Korney

Korney & Heldt

30700 Telegraph Road

Suite 1551

Bingham Farms, MI 48025

Fax: 248.646.1054

 

Barbara Harvey

Penobscot Building

Suite 1800

645 Griswold

Detroit, MI 48226

Fax: 313.963.3572

 

Betty Grdina

Yablonski, Both & Edelman

Suite 800

1140 Connecticut Ave. NW

Washington, D.C. 20036

Fax: 202.463.6688

 

Tom Leedham c/o Stefan Ostrach

110 Mayfair

Eugene, OR 97404

Fax: 541.607.4484

 

IBT Local 938

Attn: Ray Bartolotti

275 Matheson Blvd. East

Mississauga, ON

Canada L4Z 1X8

Fax: 905.502.0076

 

John Hull

3231 Eglinton Ave. East

Suite 1705

Scarborough, ON

Canada MIJ 3N5

 

Joe Pansino

Traders General Insurance Co.

2206 Eglinton Avenue East

11th Floor

Scarborough, ON M1L 4S8

 

Gwen Randall, Q.C.

Suite 3300

421 7th Avenue SW

Calgary, AB

Canada T2P 4K9

Fax: 403.260.3501

 

Cynthia D. Watson

3555 Lakeshore Blvd. West

Toronto, ON

Canada M8W 1P4

Fax: 416.253.7660

 

Michael Goldberg

73 Harrowgate Drive

Cherry Hill, NJ 08003

Fax: 302.477.2255