IN RE: JOHN RIVERA,
Protest Decision 2001 EAD 454
Issued: September 18, 2001
OEA Case No. PR083111ME
John Rivera, a member of Local Union 407, 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") against steward Tom Michaels of that local alleging that Michaels removed and defaced Hoffa 2001 Unity slate ("Hoffa slate") campaign literature from a bulletin board at Yellow Freight's Richfield, Ohio facility.
Election Administrator representative Lois Tuttle investigated the protest.
Findings of Fact and Analysis
We deem this protest RESOLVED. Local 407 has agreed to divide the bottom portion of the subject bulletin board into halves, reserving one half each for the posting of Hoffa slate and Tom Leedham Rank and File Power slate literature. Previously there had been incidents where members have removed campaign literature for one slate that they believed covered campaign literature for the other. The practice adopted by the local will prevent any such occurrences.
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 454
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
Hoffa Unity Slate
Todd Thompson
209 Pennsylvania Ave. SE
Washington, DC 20003
Matt Ginsberg
Tom Leedham Campaign
39 Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
John L. Rivera
6352 Stumph Road
Parma Heights, OH 44130
IBT Local 407
3701 Bosworth Road
Suite 204
Cleveland, OH 44111
Tom Michaels
1601 B Tree Top Trail
Akron, OH 44313
Yellow Freight
Daniel L. Hornbeck
Assistant General Counsel
10990 Roe Avenue
Overland Park, KS 66211
Yellow Freight
Human Resources Manager
5250 Brecksville Road
Richfield, OH 44286