Protest Decisions

IN RE: ROBERT W. HIGDON,
Protest Decision 2001 EAD 168
Issued: February 15, 2001
OEA Case No. PR102702MW

Robert W. Higdon, a member of Local 734, 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"). Higdon alleges that Robert Brooks, Local 734 vice president and business agent and Vito Tribuzio, secretary-treasurer, hindered his attempt to obtain a copy of the local's election plan, in violation of the Rules.

Election Administrator representative Dennis M. Sarsany investigated this protest.

The Rules state that:

Once a Local Union Plan is submitted to the Election Administrator, the Local Union shall make the complete Plan available for inspection at its office by the International Union, any subordinate body, any member of the Local Union submitting the Plan and any candidate for International office. In addition, each of the foregoing shall have the right to obtain, upon request, a copy of the Plan from the Local Union at no cost.

Article II, Section 4 (c).

On October 19, 2000, the Election Administrator received Local 734's Local Union Plan ("the plan"). On October 25, 2000, Higdon contacted Brooks to request a copy of the plan. Instead of the plan, Brooks gave Higdon a copy of the Notice of Plan Submission. Higdon made several attempts to contact Tribuzio but was unable to get a copy of the plan. Higdon claims that Local 734 officers harbor ill feelings towards him because he campaigned against them in 1996 and 1999.

On October 26, 2001, Dennis Sarsany contacted David Matthews, outside counsel for Local 734. Matthews stated that there was a delay in getting the final plan to the local and to the best of his knowledge, the process of posting the Notice of Plan Submission had not been completed when Higdon made his request. He claimed that the local was unprepared to process Higdon's request and that was the reason for the delay. Matthews neither confirmed nor denied the allegations of ill feelings between Higdon and the officers.

Immediately after his conversation with Dennis Sarsany, Matthews provided Higdon with a copy of the plan. As a result of the delay we allowed Higdon five more days than the normally allotted 15 days to submit his comments on the plan. Higdon refused to withdraw his protest stating that he wanted the actions of Brooks and Tribuzio on the record.

The Election Administrator finds that the failure to provide a copy of the plan was remedied and Higdon was given sufficient time to make comments on the merits of the plan. For the foregoing reasons, the Election Administrator finds that this protest has been 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 the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy, Election Appeals Master

Dennis Sarsany, Midwest Area Regional Director

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