IN RE: ROBERT PLOUFFE,
Protest Decision 2001 EAD 367
Issued: May 16, 2001
OEA Case No. PR051511CA
Robert Plouffe, a member of Local 880, filed a post-election protest pursuant to Article XIII, Section 3(a) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges irregularities at the May 14, 2001 coin toss we ordered held to determine the final alternate position. Turner, 2001 EAD 309 (April 17, 2001), aff'd, 01 EAM 65 (May 7, 2001).
Election Administrator representative Lisa Sonia Taylor investigated the protest.
Findings of Fact and Analysis
Plouffe and Robert Turner tied for the final alternate position. The first coin toss was held on April 2, 2001. Plouffe won. Turner had not received notice of it and was not present. We ordered a second lottery because of this lack of notice. Rules, Article IX, Section 3.
After noting that the election committee and the two candidates were present at the May 14 re-toss, Plouffe in his protest describes the events that followed: "A dollar coin was placed in Ann Brettle's [an election committee member] hand by Gary Kitchen [a second election committee member] with neither person [presumably referring to the candidates] looking at the coin. (I was awarded heads again by the committee.) The coin was tossed and as it came down it hit Randy Beuglet [the third member of the committee] in the head, ran down his back and hit the floor turning up 'tails.'"
Our investigation confirmed that the events occurred as described.
The protest states neither a violation of the Rules nor any reason based on fundamental fairness why we should make it best two out of three. The events described are unusual, but did not interfere with the random nature of the coin toss. The other allegations amount to a re-argument of issues already decided. 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 367
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
Robert Turner
292 Iler Avenue
Essex, ON N8M 1T8
Canada
Robert Plouffe
1556 Mellwood Drive
Brigden, ON N0W 1B0
Canada
IBT Local 880
6566 Hawthorne Drive
Windsor, ON L8H 1J9
Canada
Lisa Sonia Taylor
727 15th Street, NW
10th floor
Washington, D.C. 20005
Gwen Randall
421 Seventh Avenue SW
Suite 3300
Calgary, AB T2P 4K9
Canada