Protest Decisions

IN RE: Gary Sloop,
Protest Decision 2001 EAD 335
Issued: May 1, 2001
OEA Case No. PR041211AT

Gary Sloop, former candidate in the Local 391 delegate election on the Home Team 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").[1]  He alleges that the Cipriani-Hoffa Team 391 slate ("Cipriani slate") retaliated against him for running against current local union officers in the delegate election by circulating a flyer that attacked both Sloop and Ron Williams, another member of the Home Team slate.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

Findings of Fact and Analysis

On March 7, 2001, Local 391 conducted its count of ballots for its delegate elections. All delegates on the Cipriani slate were elected to the ten delegate and nine alternate delegate positions. Prior to that date, the Cipriani slate circulated a flyer that included the following comments:

Both Williams and Sloop are taking failed attempts to win personal gain and turning it into personal vendettas hurting Local 391 and the members. It has cost the local union $50,000 or your dues money to run the last two elections that the Home Team caused.

Sloop filed this protest on April 12, 2001. He claims that the Cipriani slate violated the Rules because the flyer did not mention the delegate elections and as such had no campaign value. He stated that it was distributed as a means of retaliating against him for running against the Cipriani-Hoffa Team 391 slate.

Cipriani forwarded a copy of the flyer to Williams before the count date. Therefore, the Home Team was aware of the flyer before March 7, 2001.

Article XIII, Section 2(b) of the Rules states, "Except as otherwise provided . . . all other pre-election protests . . . must be filed within two (2) working days of the day the protester becomes aware or reasonably should have become aware of the action protested or such protests shall be waived." We DENY this protest as untimely here, since it was filed more than one month after Sloop's slate became aware of the flyer. We also note that we have found no evidence of retaliation against members of the Home Team slate.

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 15^th Street, N.W., 10^th Floor, Washington, D.C. 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 335

DISTRIBUTION LIST (BY UPS NEXT DAY AIR UNLESS OTHERWISE SPECIFIED):

[1]   We determined incorrectly from the face of the protest and the date of filing that it was a post-election rather than a pre-election protest, and it was docketed as such.  The case number of this matter has been changed to that captioned above to indicate that it is a pre-election protest.