Protest Decisions

IN RE: Richard Gedhardt,
Protest Decision 2001 EAD 425
Issued: August 20, 2001
OEA Case No. PR073012MW

Richard Gedhardt, a member of Local 961, 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 that Local 961 officers sold Hoffa campaign raffle tickets at a local union membership meeting and placed Hoffa campaign flyers on a locked union bulletin board at Roadway Express in Aurora, Colorado.

Election Administrator representative Lisa Sonia Taylor investigated this protest.

Gedhardt alleges that in late April 2001, Local 961 steward John Oxley sold Hoffa campaign raffle tickets in the local union hall during a membership meeting. He alleges that the raffle was for pick-up truck receiver hitches with the Local 961 logo printed on them. Gedhardt also alleges that approximately 2 to 3 months ago a campaign flyer was posted on a locked union bulletin board at the Roadway Express facility in Aurora, Colorado.

John Oxley denies that he sold raffle tickets for the Hoffa campaign within the local union hall. He stated that the receiver hitches were part of a promotion for Local 961 and he displayed blank receiver hitches at the membership meeting to test the members' response. Bob McCoy the steward at Roadway Express admitted to posting the flyer but claimed that he was not aware that this violated the Rules. McCoy stated that once he became aware of this fact, he removed the flyer and posted an apology to the membership on the bulletin board.

Article XIII, Section 2(b) of the Rules requires that a protest must be filed within two working days "of the day when the protester becomes aware or reasonably should have become aware of the action protested or such protests shall be waived..." This protest was filed more than two months[1] after the protestor allegedly witnessed the challenged conduct. In the absence of any justification for the untimely filing, and in the absence of any countervailing prudential considerations, we DENY the allegation as untimely filed.

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 425

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[1]  Local 961 secretary-treasurer Douglas G. Whetstine disputes the date of the meeting stating that attendance records show that Gedhardt attended one meeting in March 2001.  Gedhardt cannot remember the exact time that he first saw the flyer on the union bulletin board at Roadway Express.