IN RE: GAIL MCDONNELL,
Protest Decision 2001 EAD 224
Issued: March 8, 2001
OEA Case No. PR020813MW
Gail McDonnell, a member of Local 89, 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") against Local 89. On March 1, 2001, we issued our decision in 2001 EAD 205, finding a violation of the Rules.
On March 5, 2001, Local 89 filed an appeal with the Election Appeals Master. On the same date, Local 89 requested a stay of "paragraph 3 of the Election Administrator's Remedy," which requires Local 89 to post immediately a notice and to keep the notice posted for thirty days. We GRANT THE STAY pending resolution of the appeal.
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 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 224
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 89
3813 Taylor Blvd.
Louisville, KY 40215
Kevin Conley
Smurfit Stone Container
6418 Enterprise Drive
Louisville, KY 40214
Gail McDonnell
9003 Fox Chase Road
Louisville, KY 40228
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657