IN RE: RICK ROLLINSON,
Protest Decision 2001 EAD 483
Issued: October 2, 2001
OEA Case No. PR092012NE
Rick Rollinson, a member of Local 1190 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"). He alleges that business agent Randy Daskam wore a t-shirt fir the Tom Leedham Rank & File Power slate ("Leedham slate") while engaged in a second-step grievance meeting.
Election Administrator representative J. Griffin Morgan investigated the protest.
Finding of Fact and Analysis
Rollinson was not present at the second step grievance hearing where Daskam allegedly wore the Leedham shirt. Present along with Daskam were shop steward Lenny Walker, grievant Kevin Lequay and Sikorsky Aircraft Human Resource Manager Carrey Greyhart. Rollinson says he learned of the violation from someone else who heard it from Walker.
Walker has not responded to repeated calls from our investigator. Daskam has. He denies owning or wearing a Tom Leedham T-shirt. He says he has a Leedham ball cap in his car, which he wears on occasion between his car and the plant when it is raining. He does not recall if he wore it when Lequay's grievance was heard.
Greyhart says that Daskam normally wears a Teamster jacket and when it is zipped up, she does not know what he is wearing under it. Greyhart says she does not recall specifically what Daskam wore to the grievance meeting in question, that she does not recall ever seeing Daskam in a Leedham T-shirt, and that Daskam did not wear a ball cap of any kind, including a Leedham ball cap, during the meeting. She also did not observe Daskam displaying any campaign buttons at that time. Greyhart stated that she has not seen a Tom Leedham T-shirt, so she believes if she had seen one it would have stood out.
Rollinson was not able to provide Lequay's phone number.
Based on the foregoing, we DENY the protest, since there is no evidence supporting Rollinson's allegation.
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 483
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
Rick Rollinson
1035 Fernbrook Rd.
Orange, CT 06477
IBT Local 1150
150 Garfield Avenue
Stratford, CT 06615
Randy Daskam
23 Pheasant Drive
Seymour, CT 06483
Sikorsky Aircraft
6900 North Main Street
Stratford, CT 06615-9129
Leonard Walker
28 Victory Street
Shelton, CT 06484
Kevin Lequay
36 Maple Street
Seymour, CT 06483
J. Griffin Morgan
Elliott, Pishko, Gelbin & Morgan
426 Old Salem Road
Winston-Salem, NC 27101