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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: LAWRENCE CHURCHILL,
Protest Decision 2001 EAD 477
Issued: September 28, 2001
OEA Case No. PR091913WE

Lawrence Churchill, a member of Local 315, 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 IBT Local 70. It alleges that Local 70 failed to post at the Oakland hub of United Parcel Service ("UPS") the notice of candidate forum that our decision in 2001 EAD 428 (August 22, 2001) directed locals to "post on all worksite and union hall bulletin boards."

Election Administrator representative Michael Nicholson investigated the protest.

Churchill is a member of Local 315 and a UPS employee. He visits the UPS Oakland hub on a near daily basis. He says that the required candidate forum notices have not been posted at that location.

Business agent Marty Frates services the Oakland UPS hub for IBT Local 70. He told our investigator that he posted the required candidate forum notices at that facility on September 13, 2001, but later found that they had been removed. He further states that he reposted the notices on September 26, 2001. This would have been two business days after Local 70 received a copy of the instant protest by UPS Next Day Air.

Based on the foregoing, we deem the matter RESOLVED. Since posted notices have been removed, we direct Frates to check the Oakland hub bulletin boards every other work day to ensure the notices remain posted as required by the decision in 2001 EAD 428, supra, and to promptly repost any missing notices.

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 477

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 11271

 

James L. Hicks, Jr., P.C.

Suite 1100

2777 N. Stemmons Freeway

Dallas, TX 75207

Lawrence Churchill

223 Marlow Drive

Oakland, CA 94605-5821

IBT Local 70

Attn: Marty Frates

70 Hegenberger Rd.

Oakland, CA 94621