IN RE: WAYMAN STROUD,
Protest Decision 2001 EAD 353
Issued: May 8, 2001
OEA Case No. PR030612AT
Wayman Stroud, a member of Local 728, 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 728 retiree Douglas Mims has violated Article VII, Section 11(g) of the Rules by filing and pursuing litigation against Stroud and others (the "Mims litigation") alleging that he was defamed and his privacy was tortiously invaded by certain campaign literature published by Stroud and other delegate candidates on the Local 728 Unity slate. The Mims litigation was filed in state court in Fulton County, Georgia, and was subsequently removed to federal court.
Election Administrator representative J. Griffin Morgan investigated the protest.
During the investigation of this protest, counsel for Mims and the defendants in the Mims litigation, including Stroud, agreed to the resolution of this protest on the following terms:
· The parties will execute and file a stipulation for dismissal of the Mims litigation without prejudice;
· Mims agrees that he will not refile the Mims litigation against any of the defendants in that action at any time prior to July 1, 2001;
· The parties agree that if Mims refiles the Mims litigation after June 30, 2001, the original service of the summons and complaint upon the defendants in that matter will not be required to be repeated where the defendants are actually notified of the refiling in a timely manner;
· The defendants in the Mims litigation reserve the right to file, and the Election Administrator will accept for investigation and decision, a protest alleging that any subsequent refiling of the Mims litigation violates the Rules and the provisions of the Consent Decree.
The foregoing terms form an acceptable basis for resolution of the instant protest in which Stroud, on behalf of himself and the other defendants in the Mims litigation, argues, inter alia, that the Mims litigation improperly interferes with their service as elected delegates from Local 728 to the June 2001 IBT convention. Accordingly, based on these terms, this protest is deemed RESOLVED.
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 353
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 728
2540 Lakewood Avenue SW
Atlanta, GA 30315
Law Office of Adam J. Conti
6100 Lake Forrest Drive
Suite 435
Atlanta, Georgia 30328
James F. Wallington
Batiste & Wilder, P.C.
1150 Connecticut Ave. NW
Suite 500
Washington, DC 20036
Doug Mims
1645 Brantford Drive
Tucker, GA 30084
Johnny Gabriel
7441 Paul Court
Riverdale, GA 30274
Earl Parker
129 Fletcher Ford Road
Fayetteville, GA 30215
Jimmy Walker
P. O. Box 1283
Fayetteville, GA 30214
Jimmy Payne
110 Railroad St.
Rockmart, GA 30153
Kathy McNeil
700 Stonebrook Drive
Lithonia, GA 30058
Paul Parker
179 Hardy Road
Brooks, GA 30205
Wayman Stroud
3766 Occidental Way
Decatur, GA 30034
John Andrews
2154 Chevy Chase Lane
Decatur, GA 30032
Charles Pace
7 Cutler Ct.
Savannah, GA 31419
Alonzo Williamson
1676 Carrol Drive
Atlanta, GA 30318
J. Griffin Morgan
Elliott, Pishko, Gelbin & Morgan
426 Old Salem Road
Winston-Salem, NC 27101