IN RE: JON SENUM,
Protest Decision 2001 EAD 368
Issued: May 16, 2001
OEA Case No. PR032811MW
Jon Senum, a member of Local 638 and a candidate for delegate, 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 the local impermissibly allowed the Rime Leadership slate use of office personnel and equipment to process their campaign mailer and impermissibly retained a post office box for general use at the same post office branch designated in the local union plan for voted and undeliverable ballots.
Election Administrator representative Laurie Schwefel investigated the protest.
Findings of Fact and Analysis
1. Alleged discriminatory use of union resources. The local held its nomination meeting February 19. All persons nominated as candidates were provided a three page summary of the campaigning and access portions of the Rules, including a description of candidates' rights to have the local distribute their mailings at candidate expense. On February 27, Jeff Eckman of the Rime slate made written request for use of union staff and equipment to mail the slate's campaign flyer at slate expense. Such request was granted, the flyer mailed, and the local reimbursed for the personnel and postage expense.
Senum argues such use of union resources for mailing campaign flyers violates the Rules, even though at candidate expense, because he was not informed of his right to use such resources. Article VII, Section 11(c) prohibits use of union resources "unless all candidates are provided equal access to such assistance and are notified in advance, in writing, of the availability of such assistance." All candidates were given such written notice. Senum does not dispute this. Accordingly, we DENY this aspect of the protest.
2. Alleged impermissible retention of post office box. Senum claims the local contracted for a general use mailbox at the same branch to which voted ballots and undeliverable ballot packages were returned. Investigation showed the branch at which the local rented two mailboxes for the delegate election is the same branch responsible for delivering the local's regular mail. Senum observed an employee of the local at that branch picking up general purpose mail and assumed the employee was retrieving it from a mailbox. However, the local did not rent a third mailbox. Instead, the local's practice is to pick up in the morning the mail that has been sorted overnight and have the letter carrier deliver in the afternoon the remainder of the day's mail. This practice does not implicate the ballot security provisions of the Rules. Accordingly, we DENY this aspect of the protest as well.
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 368
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
Jon Senum
1693 Selby Avenue
St. Paul, MN 55104
IBT Local 638
3001 University Avenue SE
Minneapolis, MN 55414
Rime Leadership Slate
Attn: Mark Rime
4838 Tri Oak Circle NE
Wyoming, MN 55092
Members Choice for Reform Slate
Attn: Jim Tadeusiak
1414 76th Avenue NE
Fridley, MN 554321
Joe Peschl
18492 Driftwood
Clearwater, MN 55320
Todd Phillips
2556 Park
Little Canada, MN 55117
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657
Laurie Schwefel
7807 West Verona Court
Milwaukee, WI 53219