IN RE: JAMES SCOGNAMIGLIO,
Protest Decision 2001 EAD 350
Issued: May 7, 2001
OEA Case No. PR033111MW
James Scognamiglio, an independent candidate for delegate at Local 703, 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 Local 703 secretary-treasurer and delegate candidate Tom Stiede conducted a vote concerning a change in the local's bylaws in order to determine where support for his candidacy was lacking. He also alleges that Stiede and his supporters, including Local 703 president Chuck Murdoch, business agent Pat Bruno, and several stewards, circulated negative information about Scognamiglio at his workplace, on union time, two days after ballots were mailed.
Election Administrator representative Jason Weidenfeld investigated the protest.
On May 1, 2001, we issued our decision on this protest in 2001 EAD 334. We granted the protest and ordered relief, including a rerun election, with ballots to be mailed and notices to be posted on May 8, 2001. An appeal of this decision has been filed, and the hearing is set for May 8, 2001 before Election Appeals Master Kenneth Conboy.
On the Election Administrator's own motion, the remedial order set forth in 2001 EAD 334 is STAYED pending resolution of the appeal.
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 350
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
James Scognamiglio
1914 Springside
Naperville, IL 60565
IBT Local 703
300 S. Ashland Avenue
Room 502
Chicago, IL 60607
Fax: 312.738.2593
Chuck Murdoch
2510 Ruth Fitzgerald Drive
Plainfield, IL 60544
Pat Bruno
3701 S. 59th Street
Cicero, IL 60804
Andy Gallina
1262 McCormick
Carol Stream, IL 60188
Tom Stiede
2347 Worthing Drive
Naperville, IL 60565
Dominick's Finer Foods
555 Northwest Avenue
Northlake, IL 60164
Donna's Distribution Center
4400 W. 42nd Place
Chicago, IL 60632
Dominick's Finer Foods, Inc.
Corporate Office
505 N. Railroad Avenue
Northlake, IL 60164
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657