IN RE: CLAIRE MARTIN,
Protest Decision 2001 EAD 361
Issued: May 11, 2001
OEA Case No. PR041712NE
Claire Martin, member of Local Union 840, 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"). She alleges that Local 840 members were not kept informed about the delegate elections and as a result they lost their opportunity to vote.
Election Administrator representative Lisa Sonia Taylor investigated the protest.
Findings of Fact and Analysis
Martin stated that according to the Local 840 election plan summary notice members were to receive delegate election ballots by April 2, 2001, but that ballots were not mailed to members. Martin wrote, "things in our Local are very confused right now anyway since our Local has been taken out of the hands of our own elected officers and put into the hands of someone temporarily-well, at least we hope it's temporary since we were all very happy with our regularly elected officers, including, but not limited to, Joel LeFevre."
Local 840 was placed under trusteeship on January 9, 2001. As a result LeFevre was removed from his position, as secretary-treasurer and Dane Kane became the trustee.
The local held its nomination meeting on February 23, 2001. Two delegate and two alternate delegate candidates were nominated to run for the local's one delegate and one alternate position. In LeFevre, 2001 EAD 220 (March 7, 2001), we found candidates LeFevre and Jack King ineligible to run for delegate and alternate delegate, respectively. As a result on March 14, 2001, Local 840 distributed notices to be posted on bulletin boards at local union worksites stating that the remaining candidates, James Porter and Don Merkel, would serve as the local's delegate and alternate delegate. Kane submitted an affidavit to the Election Administrator attesting to the posting. This office certified Porter and Merkel on April 11, 2001.
Martin claims that members at her shop never saw the notice and that only one of the four stewards at her shop received it, resulting in its being posted in only one building. Martin told our investigator that she asked a few members to contact the investigator to corroborate her claims. None did.
Assistant Local 804 trustee John Cutie explained that the notice of the white ballot as well as all other notices was mailed to all Local 840 stewards at the worksite and at their homes. He added that that he previously explained to Martin why there was a white ballot
Based on the foregoing, we DENY the protest. Pursuant to our prior decision in LeFevre, 2001 EAD 220 (March 7, 2001), nominees Porter and Merkel were properly declared elected. Further, we credit Cutie's statement that the notices were timely mailed to stewards for posting, given the corroboration by Kane's affidavit on this point.
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 361
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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
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Washington, D.C. 20036
Tom Leedham Rank and File
Power Slate
c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
IBT Local 840
345 West 44th St.
New York, New York 10036
Clair Martin
170 E. 3rd Street #5J
New York, New York 10009
David Reilly
Reilly, Oliver & Olsen
22 West Main Street
North Kingstown, RI 02852