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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: TIM BUBAN,
Protest Decision 2001 EAD 244
Issued: March 20, 2001
OEA Case No. PR022012MW

Tim Buban, a member of Local 200 and delegate candidate on the Tom Leedham Delegate 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 200 improperly selected a third party to conduct its lottery for ballot placement and that James DeHaan, the third party chosen to conduct the nomination and election process, or his appointee should have conducted the lottery.

Election Administrator representative Laurie Schwefel investigated the protest.

Findings of Fact and Analysis

DeHaan, who lives in Michigan, conducted Local 200's nomination meeting in Milwaukee, Wisconsin on February 13, 2001. On that day, Frank Busalacchi, Local 200's secretary-treasurer and a delegate candidate on the Members United Delegate slate, invoked Article VIII, Section 1(c) of the Rules, which permits candidates to form or add members to slates until three days after the nomination meeting. The date set for the ballot placement lottery was February 16, 2001. DeHaan decided that he would not return for the "simple task of selecting three pieces of paper out of a hat."

On February 14, 2001, Busalacchi sent an overnight letter to Buban, informing him that the lottery would be held at 5:00 p.m. on February 16, 2001 at the Local 200 Union Office. The letter did not state who would conduct the lottery. Bruce Trojack, a nonmember of Local 200 who was not appointed by DeHaan, conducted the lottery at the planned time and location. Buban does not allege that Trojack conducted the lottery unfairly.

It is clear from Local 200's Local Union Plan that Local 200 intended that DeHaan conduct the delegate and alternate delegate nomination process. Although a discrete task, conducting a lottery for ballot placement is part of that process. We, therefore, GRANT the protest.

When the Election Administrator determines that the Rules have been violated, he "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator views the nature and seriousness of the violation as well as its potential for interfering with the election process.

Buban does not allege that the ballot lottery was unfair, only that DeHaan or his appointee should have conducted it. Therefore, we direct that in future instances DeHaan appoint a representative to oversee portions of the nomination and election process when he is unavailable to do so personally.

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 244

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

 

Tim Buban

4220 S. Katherine Dr.

New Berlin, WI 53151

 

IBT Local 200

Attn: Frank Busalacchi

6200 W. Bluemound Rd.

Milwaukee, WI 53213

 

Dennis M. Sarsany

1829 Eddy St.

Chicago, IL 60657

 

James DeHaan

448 Maincentre

Northville, MI 48167