IN RE: TERRY WEAVER,
Protest Decision 2001 EAD 228
Issued: March 12, 2001
OEA Case No. PR020814WE
Terry Weaver, a member of Local Union 186, 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"). His protest alleges the local failed to give proper notice of the nomination meeting.
Election Administrator representative Dolly Gee investigated the protest.
Findings of Fact and Analysis
Article II, Section 5(d) of the Rules requires that notice of nomination meeting be given both by posting and by mail to every member at least 21 days before the meeting. The local supplied our investigator with proof that the notice was timely posted on all worksite bulletin boards and was published in a joint council newspaper that was mailed to each member. Weaver did not contradict this evidence.
The nomination meeting was held February 3, 2001. Weaver attended the meeting.
Notice of the nomination meeting was properly given. Accordingly, we DENY the protest.
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 (fax: 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 228
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
Terry Weaver
251 El Medio
Ventura, CA 93001
IBT Local 186
1534 Eastman Avenue
Suite B
Ventura, CA 93003
Dolly Gee
Schwartz, Steinsapir, Dohrmann & Sommers
6300 Wilshire Blvd.
Suite 2000
Los Angeles, CA 90048