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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: KEN FAULK,
Protest Decision 2001 EAD 176
Issued: February 20, 2001
OEA Case No. PR021511SO

Ken Faulk, a member of Local 19, 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"). He alleges that Local 19 violated Article IV, Section 10 of the Rules in the manner in which it responded to a request for a duplicate delegate ballot.

Election Administrator representative Dolores Hall investigated the protest.

Local 19 mailed its delegate election ballots on February 6, 2001. The ballot count date is February 27, 2001. The Notice of Election advised members not receiving a ballot by February 13 to call the local union and request a duplicate ballot. On February 15, 2001, Faulk called the local union to report that a member who had contacted Faulk had reported that he was treated rudely when he phoned to request a duplicate ballot, and told to call back later because the person who handled such requests was out. When Faulk called the local, Election Administrator adjunct Patrick Dooner was present and spoke to Faulk, assuring him that a ballot would be sent to the complaining member.

Dooner is monitoring the conduct of Local 19's election. He subsequently learned that the local had not processed eight requests for duplicate ballots. He also learned that there were over 150 returned undeliverable ballots that had not received attention, some containing new addresses provided by the post office. Dooner contacted Election Administrator Regional Director Dolores Hal1, who spoke with the head of the local's election committee. As a result, the local processed all requests for duplicate ballots, and mailed such ballots, on February 15, 2001. Likewise, the local mailed all returned undeliverable ballots that contained new address labels affixed by the post office on February 15. Local 19 is short one clerical employee who is out on medical leave. In order to process requests for duplicate ballots and undeliverable ballots, the local hired another temporary employee, who was to report today. Dooner again visited the local on February 16 and determined that it was continuing to properly process undeliverable ballots.

Faulk was advised of the above. Based on the foregoing, this protest is deemed 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, 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 176

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 19

7711 Beulah Church Road

Louisville, KY 40228

 

Ken Faulk

23319 Whispering Willow

Spring, TX 77373

 

Dolores Hall

1000 Belmont Place

New Orleans, LA 70001