IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 260
Issued: March 26, 2001
OEA Case No. PR022114MW
Katherine Kleckner, a member of Local Union 743, 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"). She alleges that members who speak only Spanish or Polish could not obtain ballots. She further alleges the telephone line established for members seeking duplicate ballots was busy and that the office was closed on a holiday.
Election Administrator representative Nancy Golen investigated the protest.
Findings of Fact and Analysis
Julie Hamos, a lawyer with substantial union election experience, oversaw the local's delegate election. Hamos and her office staff processed telephone requests for foreign language and duplicate ballots, ensuring that callers seeking ballots were members and not stand-ins. An answering machine handled calls received after business hours or at peak call times during the day. The machine's announcement requested that members call back during business hours or state times when their calls could be returned. Calls were returned promptly. Hamos and her staff worked the last weekend of the voting period to ensure that ballot requests were processed.
1. Spanish language ballot process. A sizeable portion of the local's membership speaks Spanish only. Hamos responded to this demographic by staffing the phones with a Spanish-speaking employee and adding an answering machine with a Spanish announcement. The protestor identified one Spanish-speaking member who had difficulty obtaining a ballot. That member was able to vote. Such difficulty, in due course overcome, is insufficient to state a Rules violation. Accordingly, we DENY this aspect of the protest.
2. Polish language ballots. Ballots were available in English and Spanish. The protestor alleges a significant minority of the local speaks Polish only. However, she produced no evidence to support this claim. The local union plan identified Spanish as the sole foreign language in which election materials should be published, and no comments were received requesting Polish language ballots. Accordingly, we DENY this aspect of the protest as waived.
3. Busy signals. The protestor identified two members who encountered busy signals when calling for duplicate ballots. Each member was able to get through and obtain a ballot. We therefore DENY this aspect of the protest.
4. Holiday closing. Hamos' office was closed on February 19, a legal holiday. The protestor claimed members were disenfranchised because no one was available to process their ballot requests that day. However, she failed to identify anyone who was unable to vote because of this closing, which occurred 12 days before the end of the voting period. Accordingly, we DENY this aspect of 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 (facsimile: 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 260
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