Protest Decisions

IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 327
Issued: April 26, 2001
OEA Case Nos. PR0115110MW and PR0115111MW

In Kleckner, 2001 EAD 110 (January 30, 2001), the Election Administrator determined that Local 743 secretary-treasurer Robert Walston and organizer Cassandra Davis violated the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") by improperly using union resources to check the eligibility of opposing candidates to the Hoffa 743 Take Back Slate. As a remedy, he ordered Walston and Davis to:

1) identify to the Election Administrator, within five business days, the time spent by Walston, Davis, and any other local employee in conducting such eligibility checks of opposing candidates' records, and the hourly compensation of each such employee; and

2) within seven business days, reimburse the local union for the time spent by Walston, Davis, and any other local employee in conducting such eligibility checks, calculated according to each employee's hourly compensation rate.

Since our issuance of this order, and in spite of two letters sent by the Election Administrator's office in mid-March and early May warning Walston and Davis of the consequences of their continued noncompliance, neither has made any effort to comply. In our last letter, our office warned Walston and Davis that if they did not comply by April 18, 2001, further remedial action would be taken against them. In conversations with Election Administrator representative Lois Tuttle, Walston acknowledged his and Davis' receipt of both letters. Nevertheless, Walston and Davis have still failed to comply.[1]

When the Election Administrator determines that the Rules have been violated, he is to view the nature and seriousness of the violation as well as its potential for interfering with the election process and fashion an appropriate remedy. See Kleckner, 2001 EAD 110. Given the nature and seriousness of Walston and Davis' persistent noncompliance, we hereby order Walston and Davis to a) each immediately pay a non-compliance fine of $500 to the Election Administrator, and b) fully comply with the Election Administrator's order in 2001 EAD 110. Should they fail to do so by May 7, 2001, the sum of $100 each per day will be added to their fine for non-compliance, until full compliance is accomplished, with the Election Administrator specifically reserving the right to order further additional remedies against Walston and Davis.

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 a hearing must be served upon all other parties, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street NW, Tenth Floor, Washington, DC 20005 (fax: 202-454-1521), 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 327

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