IN RE: RICHARD FOULKES,
Protest Decision 2001 EAD 360
Issued: May 10, 2001
OEA Case No. PR042311WE
Richard Foulkes, member of Local Union 741 and alternate delegate candidate, 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 Election Administrator representative Paige Keys was biased in her investigation of protests he and Alfonzo Valdez filed.
Election Administrator representative Jeffrey Ellison investigated the protest.
Findings of Fact and Analysis
In OEA Case Nos. PR030614WE, PR030615WE and PR031615WE, Foulkes and Valdez alleged that supporters of the opposing slate threatened and retaliated against them while they campaigned. In Valdez et al., 2001 EAD 304 (April 16, 2001), we denied most of the allegations, finding the incidents constituted heated debate permitted by the Rules. We granted one allegation but, finding it did not affect the results of the election, denied the protestors' request for a rerun election; instead, we ordered the violator to cease and desist from further Rules violations.
Valdez and Foulkes appealed our decision. That appeal remains pending.
Coincident with taking the appeal, Foulkes filed the instant protest alleging Keys was biased in her investigation of the protests we decided in Valdez, supra. To support his bias allegation, Foulkes supplied a letter he received from Paul Mougin, a witness Keys interviewed. The Mougin letter purportedly recounts his conversation with Keys. The letter identifies three alleged statements of Keys that are central to Foulkes' claim of bias. First, Keys is quoted as telling Mougin that Foulkes had "harass[ed] her about not working on the weekend." Second, Keys purportedly told Mougin that Foulkes "kept filing all these pointless protests" which took time away from her other pursuits. Finally, Keys allegedly told Mougin she believed Foulkes "deliberately went out to the barns where [he] would confront … supporters [of the opposing slate], hoping to start an argument so [he] could have something to file a protest over."
Investigation of this protest consisted of examining the facts Keys found in her original investigation. Valdez and Foulkes were questioned thoroughly about the events recounted in 2001 EAD 304 to determine whether Keys reported them accurately. Both men admitted the facts recited in the decision were accurate. Valdez said Keys "wrote it straight." Foulkes conceded Keys "got it right." While Valdez and Foulkes maintain their disagreement with the Election Administrator's application of the Rules to the facts underlying the protests, that application is the function of the Election Administrator, rather than investigator Keys, who, our investigation here determined, properly fulfilled her function of accurately investigating and reporting those facts. Accordingly, we DENY the protest.
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 360
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 Rank and File
Power Slate
c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Richard Foulkes
P.O. Box 2147
Vashon Island, WA 98070
IBT Local 741
552 Denny Way
Seattle, WA 98109
Paige Keys
12523 SE 64th Place
Bellevue, WA 98006
Paul D. Mougin
24916 SE 133rd Way
Issequah, WA 98027
Alfonso Valdez
11211 SE 264th Street
Kent, WA 98031
Roger Pardo
29329 41st Avenue South
Auburn, WA 98001
Christine Mrak
2357 Hobart Avenue, SW
Seattle, WA 98116
Jeffrey Ellison
65 Cadillac Square, Suite 3727
Detroit, MI 48226