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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: RODNEY RHOADES,
Protest Decision 2001 EAD 219
Issued: March 7, 2001
OEA Case No. PR021111SO

Rodney Rhoades, a Local 19 member and delegate candidate on the Rhoades slate, 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 19 trustee Jerry Vincent violated Article II, Section 4 of the Rules by his refusal to appoint a Rhoades slate designee to the Local 19 election committee.

Election Administrator representative Dolores Hall investigated the protest.

Findings of Fact and Analysis

Rhoades alleges that at the nomination meeting, Vincent advised him that the Rhoades slate could designate a Local 19 member to be appointed the local union's election committee. Rhoades designated Lyndon Heffernan, but Vincent refused to appoint Heffernan. Vincent admits this, and states that the reason for his refusal was what he claims is his knowledge that Heffernan planned to join a slate of candidates along with Rhoades to contest any future officer election at Local 19.[1]

Local 19's local union plan was prepared by Vincent and signed by him on November 16, 2000. Item 3a. of the plan contained a description of the composition of the local union's election committee, stating:

Trustee of Local and/or his designee Jerry T. Vincent, Chairman. Each Slate to have one person on the Election Committee (Person must be from Dallas area). Office staff to assist in all phases of election process. Outsider will be hired by Chairman to assist committee is (sic) needed.

Article II, Section 4(a) of the Rules provides that the Election Administrator will approve local union plans with such modifications as may be determined to be necessary and appropriate. The Election Administrator approved the Local 19's plan on December 7, 2000. Item 3a was unchanged. Nor was it subsequently modified. Heffernan was eligible to serve on the committee, being a member in good standing of Local 19 and a resident of the Dallas area.

Based on the foregoing, we GRANT the protest and find that Vincent violated Article II, Section 4(a) and (b)(3) of the Rules by refusing to accept the Rhoades slate representative on the Election Committee, as contemplated by the local union plan. Since the Local 19 election has now been completed and the Rhoades slate candidates won, we limit our remedy to an order that Vincent cease and desist from any further violation 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 (facsimile: 202-454-1501), 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 219

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 Union 19

Jerry Vincent, Trustee

223 Wood Street

Grapevine, TX 76051

 

Rodney Rhoades

2530 Marble Falls

Spring, TX 77373

 

Michael Ellison

410 York Drive

Seagoville, TX 75159

 

Dolores C. Hall

1000 Belmont Place

Metairie, LA 70001

[1]   Ballots were tallied in the delegate election on February 27.  The Rhoades slate won the three delegate and three alternate delegate seats.  The margin of victory between the third and fourth place finishers in the delegate race was 268 votes; in the alternate delegate contest, 233.  Challenged ballots were undeterminative and were not resolved.