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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: TOM LEEDHAM RANK AND POWER SLATE,
Protest Decision 2001 EAD 431
Issued: August 27, 2001
OEA Case No. PR082112WE

The Tom Leedham Rank and File Power slate (the "Leedham slate") 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"). It alleges that Consolidated Disposal Service ("Disposal Service") violated Article VII, Section 11(e) of the Rules by denying Leedham supporters, including International vice president candidate Maria Martinez, access to an employee parking lot for the purpose of campaigning among Local 396 members.

Election Administrator representative Jason Weidenfeld investigated the protest.

Findings of Fact and Analysis

On August 20, 2001, Leedham supporters attempted to campaign in the parking lot of Disposal Service in Long Beach, California. The facility manager, Rod Agajanian, told our investigator that the campaigners would have been allowed on the lot had they provided advance notice. Not having such notice, Agajanian contacted the local police department to ensure that the campaigners would leave the lot, which they did. Agajanian told our investigator that his involvement with union matters was not extensive and that Maria Maydeck should be contacted to discuss the matter in detail. Maydeck is Disposal Service's human resources director for the Los Angeles area.

On August 23 and 24, 2001, our investigator spoke with Maydeck. After reviewing the access provision of the Rules, she sought to confirm that Disposal Service has the right to request and receive identification from any campaigners. Upon receiving confirmation that this is an employer's right under the provision, Maydeck said that campaigners would be granted access to the parking lots at Disposal Service's facilities.

With respect to the Long Beach facility, Maydeck explained that the physical structure of the facility requires employees to traverse the parking lot while working. For this reason, she requested that upon arrival at this facility, campaigners provide the facility's general manager Russell Dix with identification. If Dix is unavailable, Maydeck asked that the campaigners provide the facility's receptionist with such identification.

Maydeck's agreement to provide parking lot access and her request for campaigners' identification upon arrival at the Long Beach facility are consistent with the access provision. We are satisfied that Disposal Service will permit members and International officer candidates to exercise their rights under the parking lot access provision of the Rules. We, therefore, 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 431

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

Todd Thompson

209 Pennsylvania Ave. SE

Washington, DC 20003

Matt Ginsburg

30 Third Avenue

Brooklyn, NY 11217

James L. Hicks, Jr.

Suite 1100

2777 N. Stemmons Freeway

Dallas, Texas 75207

IBT Local 396

880 Oak Park Rd.

Suite 200

Covina, CA 91724

Ron Krall

Consolidated Disposal Service, LLC

12949 Telegraph Road

Santa Fe Springs, CA 90670

Maria Maydeck

Consolidated Disposal Service, LLC

12949 Telegraph Road

Santa Fe Springs, CA 90670