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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: ALAN RUSSELL,
Protest Decision 2001 EAD 287
Issued: March 31, 2001
OEA Case No. PR031311WE

Alan Russell, member of Local 741 and former steward at Peninsula Truck Lines ("Peninsula"), 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 removed from his position as shop steward because he opposed Jose Gasca, Local 741 secretary-treasurer, in the local's December 2000 officer elections.

Election Administrator representative Paige Keys investigated this protest.

Because the protestor alleges retaliation that is a consequence of his activity in Local 741's officer elections, we find that the protest is beyond our jurisdiction under the Rules and must be dismissed.

Findings of Fact

The local's executive board appointed Russell as a shop steward for Peninsula in February 2000, as a result of a petition submitted by his co-workers. In December 2000, Local 741 conducted its local union officer elections. Jose Gasca was elected secretary-treasurer. On March 9, 2001, Russell was removed from his position as shop steward.

Russell claims that Gasca advised his supporters to submit a petition to the executive board calling for his removal. However, Russell's co-worker Larry Larson stated that many members were displeased with Russell's performance as steward. Larson stated that he initiated the petition to have Russell removed and that Gasca was not involved beyond his knowledge that the Peninsula drivers were thinking about circulating one.

Analysis

The preamble to the Rules provides that "[t]he Election Administrator's authority to supervise the electoral process … is limited to the nomination and election of International Convention delegates and alternate delegates and the nomination and election of International officers. These Rules are not applicable to elections of IBT subordinate body officers."

Here, the protestor alleges misconduct only with respect to Local 741's officer elections. Thus, even if Gasca retaliated against Russell for running against him (a finding we do not make), this would not state a violation of the Rules. For this reason, this protest is DENIED.

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, N.W., 10th Floor, Washington, D.C. 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 287

DISTRIBUTION LIST (BY AIRBORNE EXPRESS):

Patrick J. Szymanski

General Counsel

International Brotherhood of Teamsters

25 Louisiana Avenue, N.W.

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 Rd.

Suite 1551

Bingham Farms, MI 48025

 

Barbara Harvey

Suite 1800

Penobscot Building

645 Griswold

Detroit, MI 48226

 

Tom Leedham

c/o Stefan Ostrach

110 Mayfair Lane

Eugene, OR 97404

 

Betty Grdina

Yablonski, Both & Edelman

Suite 800

1140 Connecticut Ave. N.W.

Washington, DC 20036

 

Alan Russell

1804 SW 160th Street

Burien, WA 98166

 

IBT Local 741

522 Denny Way

Seattle, WA 98109

 

Jose (Joey) Gasca

4208 S W 337th Place

Federal Way, WA 98023

 

Paige Keys

12523 SE 64th Place

Bellevue, WA 98006

 

Christine Mrak

2357 Hobart Avenue SW

Seattle, WA 98116