IN RE: TIM BUBAN,
Protest Decision 2001 EAD 272
Issued: March 27, 2001
OEA Case No. PR021416MW
Tim Buban, a member of Local 200 and delegate candidate on the Tom Leedham Delegate slate, 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"). Buban alleges that the Members United Delegate slate led by Frank Busalacchi, Local 200's secretary-treasurer and a delegate candidate, was originally a partial slate and violated the Rules by joining another partial slate to form a full slate.
Election Administrator representative Laurie Schwefel investigated the protest.
Findings of Fact and Analysis
The parties do not dispute the relevant facts. Local 200 will send nine delegates and three alternate delegates to the International Convention in Las Vegas on June 25-29, 2001. Local 200 held its nomination meeting for delegates and alternate delegates in Milwaukee, Wisconsin on February 13, 2001. On that day, Busalacchi submitted a slate declaration form with nine delegates and no alternate delegates; another slate submitted a slate declaration form with three alternate delegate candidates and no delegate candidates.
After the nomination meeting, before a candidates' meeting was held, Busalacchi approached the slate with three alternate delegate candidates, and the two partial slates agreed to form one full slate. Accordingly, on February 16, 2001, a new Members United Delegate slate declaration form was submitted.
Article II, Section 5(j) of the Rules prohibits a candidate's revocation of his acceptance of nomination "once the ballots are printed…" Article VIII, Section 2(a) provides that candidates may not withdraw their "intent to run as a member of a slate" once that intent is declared. In this case, however, no member on either partial slate has revoked or withdrawn his or her candidacy. Rather, each member on each slate has determined that the slates would benefit by combining into one full slate. This agreement by the partial slates amounts to an amended declaration "adding additional candidates," which is permitted under Article VIII, Section 1(c). Finally, it is worthwhile to note that slate names and the names of slate members are available to any candidate who requests them.
For the foregoing reasons, we DENY 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 (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 272
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
Tim Buban
4220 S. Katherine Dr.
New Berlin, WI 53151
IBT Local 200
Attn: Frank Busalacchi
6200 W. Bluemound Rd.
Milwaukee, WI 53213
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657