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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: JOHN LANG,
Protest Decision 2001 EAD 247
Issued: March 20, 2001
OEA Case No. PR031313SO

John L. Lang, Jr., a Local 41 business agent and 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 the Phil Young-Jim Hoffa Members First slate (the "Young-Hoffa slate") was denied access to the inside of a glass-enclosed bulletin board that contained campaign postings supporting the Dennis Speak Team (the "Speak slate").

Election Administrator representative Dolores Hall investigated the protest.

Findings of Fact and Analysis

Doug Duncan, the Local 41 steward at Penske Logistics ("Penske"), admits that Speak requested the posting of campaign materials at Penske. Duncan posted the Speak slate campaign materials on the inside of a glass-enclosed bulletin board provided by Penske to Local 41 for the specific purpose of posting union material. When Penske became aware of this protest, its Safety Director, John Bolerjack, asked Duncan to remove the material, which he did. Bolerjack subsequently spoke with our investigator and has agreed to allow the posting of campaign materials by both slates.

Duncan stated that when this protest was filed, Lang had never requested that his campaign handouts be posted. Duncan has agreed to post campaign flyers from both sides under the glass on the bulletin board as soon as they are received. Lang stated that he would bring to Duncan the campaign material he wished posted and was satisfied that the matter was resolved. Because Speak's material was removed and destroyed, he was contacted and advised to provide Duncan with whatever campaign material he wished to have posted. He stated he would do so.

Based on the foregoing, we deem this protest RESOLVED.

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 247

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

 

John L. Lang, Jr.

2805 Sunburst Dr.

Smithville, MO 64089

 

IBT Local 41

4501 Van Brunt Blvd.

Kansas City, MO 64130

 

Dennis Speak

6907 North Brookside

Liberty, MO 64068

 

Penske Logistics

Attn: John Bolerjack

1 Kansas Avenue

Kansas City, KS 66105

 

Dolores Hall

1000 Belmont Place

Metairie, LA 70001