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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: RICHARD FOULKES,
Protest Decision 2001 EAD 261
Issued: March 26, 2001
OEA Case No. PR032113WE

Richard Foulkes, a member of Local Union 741, 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 he was denied access to the bulletin board at Oak Harbor Freight's Mountlake Terrace, Washington facility, in violation of Article VII, Section 11(d) of the Rules.

Election Administrator representative Paige Keys investigated the protest.

The bulletin board in question is inside a locked cabinet. The shop steward at the facility does not have a key. Foulkes states that he made numerous phone calls to Local 741 secretary-treasurer Jose Gasca, to ask that the steward be given a key. Foulkes says the calls were not returned. Foulkes alleges that his lack of access to the bulletin board is due to his status as an opponent to business agent Ken Thompson and Gasca relative Roger Pardo in Local 741's delegate election.

Gasca claims he has no key to the bulletin board, and that local union representatives always "broke into the box" to get to it. He thinks the former secretary/treasurer might have a key. The terminal manager at the facility also has no key. Thompson says the lock is not tight, and that it opens when one places his fingers between the cover and the back of the case.

Gasca agrees the above does not provide adequate access to the bulletin board, and that it needs to be re-keyed or replaced. We have accordingly obtained the agreement of the employer and the local to hire a locksmith at the local's expense to make the necessary repairs. Candidate access to the bulletin board will thereafter be provided.

Accordingly, we deem this protest RESOLVED for purposes of any present remedial action. However, the protestor may submit evidence to the Election Administrator within three (3) working days of the posting of the official election tally sheet in support of any claim that the conduct that is the subject of this protest affected the results of the 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 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 261

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

 

IBT Local 741

552 Denny Way

Seattle, WA 98109

 

Richard Foulkes

P.O. Box 2147

Vashon Island, WA 98070

 

Bill Holtz

Terminal Manager

Oak Harbor Freight Lines

6203 215th St. SW

Mountlake Terrace, WA 98043

 

Paige Keys

12523 SE 164th Place

Bellevue, WA 98006

 

Christine Mrak

2357 Hobart Avenue SW

Seattle, WA 98116