IN RE: CHARLES DUTY,
Protest Decision 2001 EAD 379
Issued: May 31, 2001
OEA Case No. PR110802MW
Charles Duty, a member of Local 714, 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")against Elkay Manufacturing Company. ("EMC"). He alleged that EMC improperly denied IBT members the right to campaign on its employee parking lot, in violation of Article VII, Section 11(e) of the Rules. This matter was the subject of our earlier decision in 2001 EAD 319 (April 18, 2001), where we found EMC had violated Article VII, Section 11(e).
After discussions between EMC and the Election Administrator which have resulted in EMC's agreement to comply with Article VII, Section 11(e) of the Rules, we deem this matter RESOLVED, and accordingly withdraw our earlier decision in 2001 EAD 319.
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 in any such appeal upon evidence that was not presented to the Office of the Election Administrator. 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, c/o 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 379
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
645 Griswold
Penobscot Building
Suite 1800
Detroit, MI 48226
Tom Leedham c/o Stefan Ostrach
110 Mayfair Lane
Eugene, OR 97404
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
IBT Local 714
6815 W. Roosevelt Rd.
Berwyn, IL 60402
Charles Duty
2535 South Wesley Ave.
Berwyn, IL 60402
Elkay Manufacturing Co,
2700 South 17th Avenue
Broadview, IL 60155
Kevin Fitzpatrick, Attorney
Elkay Manufacturing Co.
2222 Camden Court
Oakbrook, IL 60523
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657
Richard L. Samson
Ogletree Deakins
Two First National Plaza
Twenty-Fifth Floor
Chicago, IL 60603