Protest Decisions

IN RE: Doyle Rooks,
Protest Decision 2001 EAD 402
Issued: June 28, 2001
OEA Case No. PR062211WE

Doyle Rooks, member of Local 63, 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"). Rooks alleges that a letter sent by Local 63 secretary-treasurer and Vice-President-at-Large candidate Randy Cammack to Roadway Express ("Roadway") requesting Rooks' leave of absence to attend the IBT convention was drafted in such a way as to encourage the employer to deny the request.

Election Administrator representatives Lois Tuttle and Mike Nicholson investigated this protest.

Findings of Fact and Analysis

On May 30, 2001, Rooks informed Cammack of his intent to attend the IBT convention as a guest and requested that a letter be sent to his employer asking for a leave of absence so that he could attend. On May 31, 2001, Cammack sent a letter to Roadway requesting the leave of absence for Rooks. The letter contained the following statement:

While Mr. Rooks is not an elected delegate, alternate delegate or officially designated guest of Local 63 to the Convention, it is our request that his leave of absence for this official Union business be granted.

Rooks says he intended to seek a nomination for Vice-President-at-Large at the convention (although his name was not placed in nomination). Rooks claims that Cammack with "malice and forethought" instructed Ken Young, counsel for Local 63, to include the above language in the letter Young drafted for Cammack so as to prevent Rooks from being nominated. Roadway initially denied Rooks leave and then granted it on June 22, 2001.

Young told our investigator that Cammack did not instruct him to draft the Rooks letter in order to get Rooks' employer to deny him leave. He further stated that this was not his intent as the drafter. There is no evidence to counter Young's testimony.

We credit Young's testimony. We find that there is no evidence to show that Young drafted the letter for Cammack with the intent of dissuading Roadway from granting Rooks leave. Accordingly, we DENY this 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 15^th Street, N.W., 10^th Floor, Washington, D.C. 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 402

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