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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: BILL BRAZEAU,
Protest Decision 2001 EAD 316
Issued: April 18, 2001
OEA Case No. PR031211MI

Bill Brazeau, a member of Local 328, 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 the Nelson Real Teamster Reform slate violated the Rules by use of the IBT logo in its delegate election campaign literature. Election Administrator representative Laurie Schwefel investigated the protest.

The text of Article XI, Section 1(b)(6) of the Rules explicitly permits delegate election candidate use of the IBT's logo in their campaign material. See Garcia, P436 (February 22, 1996). We therefore DENY the protest on its face for failure to state a claim under the Rules.

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 316

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

 

Bill Brazeau

4795 I Road

Bark River, MI 49807

 

William T. Nelson

5700 Pine O Pt. 25

Gladstone, MI 49837

 

IBT Local 328

2717 North Lincoln Road

Escanaba, MI 49829

 

Laurie Schwefel

7807 West Verona Court

Milwaukee, WI 53219