Protest Decisions

IN RE: GARY SLOOP,
Protest Decision 2001 EAD 245
Issued: March 20, 2001
OEA Case No. PR030617AT

Gary Sloop, a Local 391 member, 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 on or about February 8, 2001, Local 391 business agent Wayne Gibbs paid cash to members Bill Francis and Claude Meadows to influence the delegate and alternate delegate elections.

Election Administrator representative J. Griffin Morgan investigated this protest.

Findings of Fact and Analysis

Francis and Meadows are members of Local 391 and employees of United Plastics. On December 13, 2000, they filed a grievance based on the company's denial of holiday pay for November 23 and 24, 2000. They had not been paid for these days because they had agreed to a voluntary layoff for the week beginning November 20, 2000.

Gibbs services the United Plastics unit. He pursued the grievance and negotiated a settlement with labor director D. M. Dalton. The settlement was confirmed in writing. To effectuate the settlement, Dalton paid the two employees $50.00 from his petty cash fund. He told our investigator that he has occasionally resolved minor grievances in the past by payments from petty cash, if it enabled the company to avoid going back through payroll and making tax allocations for a prior year. Both Gibbs and Dalton state that the grievance settlement was unrelated to the local union's delegate election.

We DENY the protest because there is no evidence of any connection between the grievance payments and the local's delegate election.

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 15^th 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 245

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