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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: TOM WAKARUK,
Protest Decision 2001 EAD 282
Issued: March 29, 2001
OEA Case No. PR021211CA

Tom Wakaruk, a member of Local Union 938 and an alternate delegate candidate on the "938 Members 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"). He alleges that Reimer Express Lines Ltd. Roadway Express ("Reimer") improperly interfered with distribution of campaign literature on behalf of his slate.

Election Administrator representative Gwen Randall investigated the protest.

Findings of Fact

Wakaruk received a letter dated February 6, 2001 from Reimer. It said that on February 3, 2001, Wakaruk left campaign literature on lunchroom tables at Reimer and posted the literature on the company bulletin board. The letter concluded:

Our Union bulletin board is for the exclusive use of the Union and correspondence on that board should be duly authorized by the Local and on the Local's letterhead.

Wakaruk advises that he had posted campaign material on the Union bulletin board at Reimer Express Lines Ltd. for approximately six months before receipt of the letter. The letter was received one week before the mail out of ballots for Local 938's contested election.

Upon receipt of the protest, Reimer withdrew its objection and agreed to permit IBT candidates and members to post and distribute campaign material at their premises in the manner to which it had previously objected. We accordingly deem this protest RESOLVED.

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 282

Distribution List Via UPS Next Day Air (Unless Otherwise Indicated):

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 938

275 Matheson Blvd. East

Mississauga, ON L4Z 1X8

Canada

 

Michael Goldberg

73 Harrowgate Drive

Cherry Hill, NJ 08003

 

Reimer Express Lines Ltd.

J.D. Cockburn

Director of Human Resources

5519 Shawson Drive

Mississauga, ON L4W 3Y2

Canada

 

Gwen K. Randall, Q.C.

Suite 3300, 421-7th Avenue SW

Calgary, AB T2P 4K9