Protest Decisions

IN RE: WAYMON STROUD,
Protest Decision 2001 EAD 217
Issued: March 6, 2001
OEA Case No. PR021612AT

See also Election Appeals Master decision 01 EAM 51 (KC)

Waymon B. Stroud, Sr., vice-president of Local 728, 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"). Stroud alleges that Willie Hardy, candidate for southern regional Vice President, campaigned inside Local 728's hall contrary to the local's prohibition against such conduct.

Election Administrator representative J. Griffin Morgan investigated this protest.

Findings of Fact

On February 13, 2001, Hardy campaigned in Atlanta. Benny Stephenson, a Local 728 delegate candidate, escorted him. Hardy and Stephenson stopped at Local 728 on their way to the airport and Hardy went inside to speak with local president, Don Scott. On his way to the men's room, Hardy saw Jimmy Walker and John Andrews, both members of Local 728, standing outside of Stroud's office.

Hardy greeted Walker and Andrews and Walker asked why he was in Atlanta. Hardy said he was campaigning and wanted votes anywhere he could find them. Walker replied that he could not support Hardy because he was on the other side. Hardy then stated: "I don't care where you are, you can come over and support me."

Stroud, who was in his office where he could hear the conversation, approached Hardy and told him to stop campaigning. Hardy agreed to do so and continued to the men's room.

Analysis

Local 728 prohibits campaigning inside its hall. See Stephenson, 2001 EAD 139 (February 6, 2001). There, a delegate candidate distributed t-shirts in Local 728's meeting room, but agreed to stop when informed by an Election Administrator representative that he was violating the local's rule against campaigning in its building. Based on these facts, we treated the protest as resolved and ordered no further remedial action. We reach the same result here, and treat this protest as RESOLVED, since we find that Hardy agreed to cease campaigning in the local's building when asked to do so.

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 the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005 (202-454-1501), all within the time 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 217

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