IN RE: EBEN BYERS, JR.,
Protest Decision 2001 EAD 291
Issued: March 31, 2001
OEA Case No. PR032612ME
Eben Byers Jr., a member of Local 377, 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"). Byers alleges that he was improperly denied a ballot in Local 377 delegate election, and that his ballot was improperly challenged at the time ballots were counted,
Election Administrator representatives William Kane and Michael Nicholson investigated the protest.
Byers initially protested Local 377's failure to mail him a ballot. Midwest Regional Director William Kane contacted Local 377, which then sent Byers a ballot, which he cast. Byers ballot was challenged at the time of the Local's ballot count, and his vote was not determinative, so the challenge was not resolved.
Byers has an ongoing dispute with the local union concerning his status. The local claims he is on withdrawal status and thus ineligible to vote. Byers, who has been on lay-off from United Freezer and Storage since July 2000, claims that he has at all times paid his dues and is not on withdrawal status.
We do not resolve the dispute concerning Byers' membership status here. Instead, we deem the protest to be a post-election protest under Article XIII, Section 2(f)(2) of the Rules and DENY it pursuant to Article XII, Section 3(b), since Byers' challenged vote was insufficient to affect the results of Local 377's delegate 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 (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 291
DISTRIBUTION LIST (BY AIRBORNE EXPRESS):
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 377
1223 Teamsters Dr.
Youngstown, OH 44502
Eben Byers, Jr.
123 Idaho Rd.
Youngstown, OH 44515
William B. Kane
242 Old Haymaker Road
Monroeville, PA 15146