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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 262
Issued: March 26, 2001
OEA Case No. PR032611MW

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"). This protest was not filed with the Election Administrator's office in Washington, D.C., and was thus not docketed. We designate the protest with the above case number and decide it on the merits here, without reference to the filing error. The protest alleges that Louise Sullivan, a business agent, campaigned on time paid for by the union.

Election Administrator representative Dennis Sarsany investigated the protest.

Findings of Fact and Analysis

On February 8, 2001, the protestor observed Louise Sullivan distributing campaign literature at the University of Chicago. When asked if she was on vacation that day, Sullivan did not respond. This protest followed.

Sullivan supplied our investigator with proof that she was on vacation for the week of February 5 through 9.

Article VII, Section 11(b) expressly permits campaigning by union officials on paid vacation time. Accordingly, we DENY this 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 262

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

 

Dennis M. Sarsany

1829 Eddy Street

Chicago, IL 60657

 

Julie Hamos

203 N. Wabash, Suite 1800

Chicago, IL 60601