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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 297
Issued: April 9, 2001
OEA Case No. PT030718MW

Katherine Kleckner, a member of Local Union 743, filed a post-election protest pursuant to Article XIII, Section 3 of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). She alleges that Bob Walston, Thor Hestor and Reggie Ford violated the Rules by attending the challenged ballot process on time paid by the union.

Election Administrator representative Dennis Sarsany investigated the protest.

Findings of Fact and Analysis

On March 5, 2001, the local held its meeting to resolve challenged ballots. Walston, Hestor and Ford, union employees all, attended the meeting on union-paid time as observers for Hoffa Take Back candidates.

The protestor argues that the three violated Article VII, Section 11(a), which prohibits use of union-paid time for campaign purposes. We agree and GRANT the protest. We also find that the local union's compensation of Walston, Hestor and Ford for time spent as observers violates Article XI, Section 1(b)(7) of the Rules, which prohibits use of union resources to promote the candidacy of any individual. We also note that Article IX, Section 1(f) of the Rules, which provides that "[t]ime spent observing shall be considered as time spent on Union business…," is addressed only to the means by which employees are to be excused from work to serve as observers, and not to their compensation by their local union for time spent performing that service.

In making this determination, we have also relied on information received from the IBT, which has informed us that past practice in prior delegate elections has been that observers employed by local unions have been required to take vacation or unpaid time off in order to serve as election observers.

Remedy

When the Rules have been violated, the Election Administrator "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator considers the nature and seriousness of the violation, as well as its potential for interfering with the election process.

Since union resources were improperly used to pay Walston, Hestor and Ford for their service as observers, we order that on or before April 16, 2001, each shall deliver a check to the Election Administrator equal to the full amount of their compensation costs borne by Local 743 for the time each spent as an election observer for the Hoffa Take Back candidates. Accompanying that payment shall be a sworn affidavit by each describing the manner in which the amount paid was calculated.

An order of the Election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73 (February 13, 1996).

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 297

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

 

Julie Hamos

203 North Wabash

Suite 1800

Chicago, IL 60601

 

Bob Walston

7133 S. 86th Avenue

Justice, IL 60458

 

Thor Hestor

IBT Local 743

300 S. Ashland Avenue

Chicago, IL 60607

 

Reginald Ford

14814 S. Honore

Harvey, IL 60426

 

Dennis M. Sarsany

1829 Eddy Street

Chicago, IL 60657