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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: WILLIAM W. HOLBROOK,
Protest Decision 2001 EAD 416
Issued: July 31, 2001
OEA Case No. PR071812WE

William Holbrook, a member of Local 206 and supporter of General President candidate Tom Leedham, 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"). Holbrook alleges that WinCo Foods ("WinCo") violated Article VII, Section 11(e) of the Rules by denying him access to an employee parking lot in Woodburn, Oregon for the purpose of campaigning.

Election Administrator representative Jason Weidenfeld investigated the protest.

The material facts are not in dispute. On July 18, 2001, Holbrook went to the WinCo Distribution Center parking lot and handed out campaign literature briefly until WinCo representatives told him that no campaigning would be allowed there. He was asked to move to the public street outside of WinCo's property, a street that serves no businesses or properties other than WinCo. Holbrook complied with the request.

After receiving Holbrook's protest and various materials relating to the access rule, Wayne Duncan, a WinCo representative, informed our office that WinCo will honor the parking lot access provided for by Article VII, Section 11(e) of the Rules. Based on this representation, we are satisfied that WinCo will permit IBT members to exercise their rights under the access provision, 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 416

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

IBT Local 206

1860 NE 162nd Ave.

Portland, OR 97230

William W. Holbrook

16500 S. Pam Dr.

Oregon City, OR 97045

 

Wayne Duncan

WinCo Foods

400 S. Woodland Ave.

Woodburn, OR 97071