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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: TIM BUBAN and TOM KEMPINSKI,
Protest Decision 2001 EAD 459
Issued: September 19, 2001
OEA Case No. PR081611MW

Tim Buban and Tom Kempinski, members of Local 200, 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 Local 200. They allege that the local union failed to pay pension and health and welfare payments on behalf of Local 200 delegates and alternate delegates to the IBT Convention in June 2001, in violation of the April 19, 2001 advisory on convention expenses.

Election Administrator representative Lois Tuttle investigated the protest.

We DENY the protest. Our investigation revealed that Local 200 has paid health and welfare and pension contributions on behalf of all its representatives to the Convention, with the exception of one individual's health and welfare benefits which were her responsibility under the employment terms negotiated with her employer. Such payment is not required because the employee was not made to bear these expenses because of her convention attendance. She suffered no reimbursable loss, unlike her fellow convention attendees.

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 459

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., P.C.

Suite 1100

2777 N. Stemmons Freeway

Dallas, Texas 75207

IBT Local 200

P.O. Box 2073

Milwaukee, WI 53201

Tim Buban

4220 S. Katherine Dr.

New Berlin, WI 53151

Tom Kempinski

W209N11065 Springhill Lane

Germantown, WI 53022

Scott Soldon

Previant, Goldberg, Uelmen,

Gratz, Miller & Brueggeman

1555 North Rivercenter Drive

Suite 202

Milwaukee, WI 53212