IN RE: RICK ROLLINSON,
Protest Decision 2001 EAD 317
Issued: April 18, 2001
OEA Case No. PR030716NE
Rick Rollinson, a Local 1150 member and delegate candidate, filed a pre-election protest on behalf of the Teamsters for Hoffa slate 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 Local 1150 secretary-treasurer Jeff Cederbaum, a delegate candidate, violated the Rules by using Northwest Airlines companion travel passes for campaign purposes, and thus received an improper employer contribution to his campaign.
This case raises allegations related to those deferred to arbitration in Hoffa Slate, 2001 EAD 204 (March 1, 2001), appeal on this point dismissed as moot, 01 EAM 54 (March 28, 2001).
We have deferred this protest for post-election consideration under Article XIII, Section 2(f)(2) of the Rules. Local 1150's delegate election ballots were counted on April 13, 2001. Cederbaum was a losing candidate. Accordingly, we DENY the protest pursuant to Article XIII, Section 3(b) of the Rules, since Cederbaum's use of employer resources, if any, did not affect the results of the Local 1150 delegate election.[1]
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 317
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
IBT Local 1150
Attn: Jeff Cederbaum
150 Garfield Avenue
Stratford, CT 06615
Rick Rollinson
1035 Fernbrook Rd.
Orange, CT 06477
[1] If it is determined in the further proceedings before the Election Administrator contemplated by our decision in 2001 EAD 204 that Cederbaum violated the Rules through use of Northwest Airlines companion passes, that violation will be remedied in those proceedings. In this regard, we note that Cederbaum is also an International officer candidate on the Tom Leedham Rank and File Power slate.