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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: LORETTA DEVASIER,
Protest Decision 2001 EAD 333
Issued: May 1, 2001
OEA Case No. PR031912WE

Loretta DeVasier, a member of Local 89 and a delegate candidate on the United Rank and File slate, 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"). DeVasier alleged that the Brown-Forman Corporation ("BF") and shop steward Bob Whitaker, an alternate delegate candidate on the Zuckerman-Washburn Unity slate, violated the Rules by denying parking lot access to members supporting the United Rank and File slate. This protest was the subject of our earlier decision in 2001 EAD 323 (April 19, 2001).

Election Administrator representative Jason Weidenfeld investigated the protest.

Since our earlier decision in this matter, further discussions between the Office of the Election Administrator and counsel for BF have resulted in an agreement to resolve this matter, with BF agreeing to honor the parking lot access rights granted to IBT members under Article VII, Section 11(e) of the Rules and to notify its employees in a manner of its own choosing of that agreement. Accordingly, the order in 2001 EAD 323 directed against BF is withdrawn, and this protest is deemed RESOLVED insofar as the claim for relief against BF is concerned.

In addition, we will not order a partial rerun of the Local 89 election based on the BF access issues that are the subject of this case. Our representative present at the ballot count at Local 89 determined by a separate tally of the BF ballots that the results of the election could not have been affected by a change in the results of the delegate election vote at BF.

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 333

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 89

3813 Taylor Blvd.

Louisville, KY 40215

 

Bob Whitaker

c/o IBT Local 89

3813 Taylor Blvd.

Louisville, KY 40215

 

William A. Blodgett, Jr.

Deputy General Counsel

Brown-Forman Corporation

850 Dixie Hwy.

Louisville, KY 40210

 

Loretta DeVasier

4004 Neagli Ct.

Louisville, KY 40229

 

Dale Ferguson

3504 Kamer Miller Road

New Albany, IN 47151

 

Avral Thompson

Campaign Manager

Zuckerman-Washburn Unity Slate

9135 Loretto Road

Loretto, KY 40034

 

David Thornsberry

Campaign Manager

United Rank and File Slate

10403 Truman Way

Louisville, KY 40299

 

Irwin H. Cutler, Jr.

Adrienne A. Berry

Segal Stewart Cutler Lindsay

Janes and Berry

1400B Waterfront Plaza

325 W. Main St.

Louisville, KY 40202

 

Michael J. Goldberg

73 Harrowgate Drive

Cherry Hill, NJ 08003

 

Nyle Mullins

Kentucky Labor Cabinet

1047 US Hwy. 127 South

Suite 4

Frankfort, KY 40601

 

Dennis M. Sarsany

1829 Eddy St.

Chicago, IL 60657

 

Bill Broberg

1108 Fincastle

Lexington, KY 40502