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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: BRIAN CHAPMAN,
Protest Decision 2001 EAD 188
Issued: February 27, 2001
OEA Case No. PR021312CA

Brian Chapman, a member of Local 938, 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 IBT employer Allied Systems ("Allied") threatened to bar parking lot access to International officer candidate Tom Leedham during a visit Leedham planned to make at Allied's facility in Lambeth, Ontario on February 15, 2001, in violation of Article VII, Section 11(e) of the Rules.

Election Administrator representative Gwen Randall investigated the protest.

This protest is deemed RESOLVED because Allied agreed after discussions with the staff of the Election Administrator to provide access to Leedham during the planned visit.

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 188

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 938

275 Matheson Blvd. East

Mississauga, ON L4Z 1X8

Canada

 

Gwen Randall, Q.C.

Suite 3300

421 7th Avenue SW

Calgary, AB T2P 4K9

Canada

 

Brian Chapman

38A Patricia Street

St. Thomas, ON N5P 2C8

Canada

 

Allied Systems

Attn: Thomas Duffy

160 Claremont Ave.

Suite 600

Decatur, GA 30030

 

Allied Systems

6151 Colonel Talbot Road

London, ON N6P 1J2

Canada