IN RE: FRANK VILLA,
Protest Decision 2001 EAD 376
Issued: May 24, 2001
OEA Case No. PR051512WE
Local 630 member Frank Villa 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"). Villa alleges that Roadway Express violated Article VII, Section 11(e) of the Rules by denying him access to an employee parking lot to campaign on Tom Leedham's behalf.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
On May 11, 2001, Villa attempted to campaign on behalf of Tom Leedham, a candidate for International General President, in the parking lot of Roadway Express' facility on 4700 Eastern Avenue in Los Angeles, California. Villa is a Local 630 member and does not work at the facility, which employs Local 63 members. After campaigning in the parking lot for a brief period, Villa says that he was escorted off the lot by Roadway Express employees, one of whom identified himself as an assistant manager.
On May 23, 2001, the investigator spoke with counsel for Roadway Express who said that the employees who met Villa were unaware of the full extent of the access provisions of Article VII, Section 11(e) of the Rules. As a result, and because the Roadway Express agents did not know Villa, they escorted him off the property.
Roadway Express' counsel has assured the Election Administrator that Roadway Express supervisors, including those involved in the instant matter, now understand and will honor the campaign access rights of IBT members under the Rules. Based on this representation, we are satisfied that Roadway Express will permit IBT members to exercise their rights and we accordingly deem the protest 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 (facsimile: 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 376
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
Frank Villa
151 W. Lambert Rd., Apt. 4
La Habra, CA 90631
IBT Local 630
750 S. Stanford Ave.
Los Angeles, CA 90021
IBT Local 63
845 Oak Park Rd.
Covina, CA 91724-3624
Joe Diangelo
Roadway Express
4700 Eastern Ave.
Los Angeles, CA 90040
John J. Gasparovic
General Counsel
Roadway Express, Inc.
1077 Gorge Blvd.
Akron, OH 44309
John F. Ring
Morgan, Lewis & Bockius LLP
1800 M St., NW
Washington, DC 20036
Christine Mrak
2357 Hobart Ave., SW
Seattle, WA 98116