This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: WILLIAM SHAPPELL,
Protest Decision 2001 EAD 198
Issued: February 27, 2001
OEA Case No. PR021516ME

Willam Shappell, a member of Local Union 429, filed a post-election protest pursuant to Article XIII, Section 3(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges that Local 429 and Tom Brown, the agent retained by the local to conduct its delegate election, have violated the Rules by ordering two sets of mailing labels for the mailing of delegate election ballots.

Election Administrator representative J. Griffin Morgan investigated the protest.

We DENY the protest. Brown has 25 years experience conducting local union elections. He formerly served as a deputy in the eastern region of prior Election Officers. He informed our investigator that he orders two sets of mailing labels in order to complete election ballot mailing because he has learned from experience that some labels are destroyed in the process of printing and shipping. The second set of labels is thus available to replace any damaged labels. The application of the labels to the envelopes is an observable process, thus assuring the prevention of fraud. Brown's practice is to keep all unused labels to show to election observers at the ballot count. There is nothing improper about Brown's practice, and the protestor's claims of ballot fraud are unsupported speculation.

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 198

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

 

William Shappell

119 South Second Street

St. Clair, PA 17970

 

IBT Local 429

P.O. Box 15222

Reading, PA 19162

 

J. Griffin Morgan

Elliott, Pishko, Gelbin & Morgan

426 Old Salem Road

Winston-Salem, NC 27120

 

William B. Kane

242 Old Haymaker Road

Monroeville, PA 15146