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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 187
Issued: February 22, 2001
OEA Case No. PR012912MW

Katherine Kleckner, a member of Local 743, 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"). Her protest alleges that she was improperly denied the right to "inspect a list containing the last known names of all members of the union who are to participate" in the delegate election.

Election Administrator representative Nancy Golen investigated the protest.

Findings of Fact and Analysis

Under Local 743's delegate election plan, the ballot mailing date was February 2, 2001. On January 25, 2001, Kleckner requested to inspect the membership list of the local. Julie Hamos, the local's election officer, offered Kleckner a list that had just been prepared by the local's staff at Hamos' direction. While that list was substantially similar to the list the mail house would use to mail ballots, it was not identical because of the changes in membership that occur in a local of this size over short time periods. Kleckner refused Hamos' offer and filed this protest, claiming she was entitled to inspect the list the mail house would use for ballot mailing. However, that list existed in electronic form only. At the request of the mail house, the IBT had e-mailed the list directly to the mail house to facilitate the computerized preparation of mailing labels. After the protest was filed, Hamos arranged for the mail house to return the list to the IBT, which printed a copy of the list. Kleckner and Richard Berg inspected the printed list a week after the ballots were mailed. Kleckner is not a candidate in the delegate election; Berg is.

Article VII, Section 2 of the Rules grants to each candidate "the right, once within thirty (30) days prior to the casting of ballots in any election in which he/she is a candidate, to inspect a list containing the last known names and addresses of all members of the Union who are to participate in such election."

Because Kleckner is not a candidate in Local 743's delegate election, the Rules grant her no right to inspect the membership list. Accordingly, her protest is DENIED.

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 187

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

 

Local Union 743

300 S. Ashland Avenue

Chicago, IL 60607

 

Katherine Kleckner

5013 S. Ridgeway Avenue

Chicago, IL 60632

 

Dennis Sarsany

1829 Eddy Street

Chicago, IL 60657

 

Julie Hamos

203 N. Wabash, Suite 1800

Chicago, IL 60601

 

Nancy Golen

2233 W. Armitage Avenue

Chicago, IL 60647