IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 259
Issued: March 26, 2001
OEA Case Nos. PR020911MW and PR022115MW
Katherine Kleckner, a member of Local Union 743, filed pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). She alleges that many addresses on the mailing list used to distribute ballots to the membership contain asterisks and letter codes she contends were used to disenfranchise voters.
Election Administrator representative Dennis Sarsany investigated the protest.
On February 22, 2001, we issued our decision in Kleckner, 2001 EAD 187, holding that Kleckner, who is not a candidate in the delegate election, had no right under the Rules to inspect the mailing list used to distribute ballots. She was nonetheless permitted inspection and has filed these protests.
Findings of Fact and Analysis
Investigation showed that many labels on the mailing list contain asterisks. The local's chief TITAN operator explained that asterisks are used to identify new members who have not completed the installment payments of their initiation fees or have yet to make their first dues payments. Asterisks are to be removed when these payments are completed, but the local concedes that they remain on the labels of a small number of fully eligible members.
Other labels contain the letters "HS" and "US." These codes once identified the particular University of Chicago bargaining unit to which a member belonged. They no longer serve that purpose but have not been removed.
The protestor alleges the asterisks and letter codes constitute ballot tampering. However, she presented no evidence to substantiate this serious charge and our investigation found none. Specifically, no link exists between the codes and the protestor's claim that some voters did not timely receive ballots. Further, the codes were not used for any purpose at the ballot count held March 3, 2001. Accordingly, we DENY these protests.
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 protests must accompany the request for hearing.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2001 EAD 259
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
Katherine H. Kleckner
5013 S. Ridgeway Avenue
Chicago, IL 60632
IBT Local 743
300 S. Ashland Avenue
Chicago, IL 60607
Julie Hamos
203 N. Wabash, Suite 1800
Chicago, IL 60601
Dennis M. Sarsany
1829 Eddy Street
Chicago, IL 60657