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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: BOB DOSS,
Protest Decision 2001 EAD 435
Issued: August 31, 2001
OEA Case No. PR082212WE

Bob Doss, a Local 63 business agent, 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"). Doss alleges that General President candidate Tom Leedham and two supporters violated the Rules by campaigning on the dock and inside the office of Roadway Express' San Bernardino, California facility.

Election Administrator representative Jason Weidenfeld investigated the protest.

Findings of Fact and Analysis

Doss was not a witness to the alleged events, which he heard about through Sandy Rizzo, a Local 63 steward who works in the office of the San Bernardino facility. Rizzo said that on August 20, 2001, a man in a UPS uniform, accompanied by two men in street clothes, asked to leave information in the break room, and she agreed. Shortly afterwards, she went to the break room, realized that the man in the UPS uniform was Tom Leedham, and contacted a local union business agent to come to the facility. Two business agents arrived shortly after the visitors had left the facility. Rizzo did not recognize the two people with Leedham. She removed campaign materials that had been posted at the facility.

Phil Broussard, a Local 63 member who works at the facility, briefly listened to the campaigners in the break room. He said that one person was in a UPS uniform and that the two others wore "Leedham" shirts. Broussard indicated that he is not very active politically, did not recognize any of the campaigners, and left the break room after a short period.

Memo Moreno, another Local 63 member at the facility, also listened briefly to the campaigners in the break room. Moreno does not know Leedham and would not be able to recognize him. Moreno recalls that the people in the break room wanted him to vote for Leedham, but he did not recognize any of them.

Leedham denies being in California on August 20, 2001 and has provided a boarding pass indicating that he flew to California on a flight arriving in Los Angeles late in the evening on August 21, 2001. He alleges that he does not know who might have been campaigning for him inside the Roadway facility and that he did not campaign in California on this trip until August 22, 2001, the day after his arrival.

Based on the evidence proffered by Leedham and the protestor's lack of corroborating evidence, we find that Leedham did not campaign at the San Bernardino Roadway Express facility on August 20, 2001. Accordingly, we DENY the 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 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 435

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

Hoffa Unity Slate 2001

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 63

845 Oak Park Rd.

Covina, CA 91724

John Gasparovic

General Counsel

Roadway Express

1077 Gorge Blvd.

Akron, OH 44309

Bob Doss

12535 Aspenview St.

Victorville, CA 92392

Christine Mrak

2357 Hobart Ave., SW

Seattle, WA 98116