IN RE: RENE VASQUEZ,
Protest Decision 2001 EAD 181
Issued: February 21, 2001
OEA Case No. PR020714MW
See also Election Appeals Master decision 01 EAM 41 (KC)
Rene Vasquez, a member of Local 705, 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 705 secretary-treasurer Gerald Zero violated the Rules and the IBT Constitution by distributing a letter on Local 705 stationery that recommended the services of a law firm with a significant work-related injury practice.
Election Administrator representatives Dennis Sarsany and Nancy Golen investigated the protest.
Notwithstanding our February 8, 2001 protest acknowledgment letter to Vasquez which requests that interested parties contact the Election Administrator's investigator, Vasquez made no attempt to contact Election Administrator's Regional Director Dennis Sarsany, who was assigned to investigate the protest. Thereafter, Sarsany directed Midwest Region Adjunct Nancy Golen to contact Vasquez. When she did, he refused to speak to her and advised Golen that his protest letter contained "enough evidence to prove that Mr. Zero violated the election rules and the IBT constitution."
We DISMISS this protest because Vasquez has failed to cooperate with our investigation, as required by Article XIII, Section 2(g) of the Rules.
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 181
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
Rene Vasquez
6433 West 26th Place
Berwyn, Illinois 60402
Gerald Zero
IBT Local 705
1645 West Jackson Blvd.
Chicago, IL 60612
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657