This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: RICHARD BERG,
Protest Decision 2001 EAD 494
Issued: October 4, 2001
OEA Case No. PR100211MW

Richard Berg, a member of Local 743, 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 743. The protest alleges the local's literature table was improperly used only to support the Hoffa Unity slate.

Election Administrator representative Jeffrey Ellison investigated the protest.

Findings of Fact and Analysis

Berg visited the local's offices on October 1 and found no literature supporting the Tom Leedham Rank & File Power slate ("Leedham slate") on the literature table. He "told the local to remedy the situation, [but t]hey refused to answer my suggestion." He therefore protested the "one sided use of union resources to support one slate or campaign over another."

Pursuant to our advisory on literature tables[1], the local has established such a table in the lobby of its offices. Diane McDermott, switchboard operator and receptionist, maintains the table. She agrees that no Leedham slate literature was on the table on October 1. Her log showing receipt of literature table flyers documents that a Leedham slate flyer was last received before October 1 on September 4. She made the 50 copies required by the advisory and placed them on the literature table that date. In the ensuing four weeks, the supply was exhausted. Hoffa literature remained on the table on October 1 because it was last received September 18.

McDermott denies seeing, hearing of, or suspecting that any person removed more than one copy of Leedham slate material in an effort to deny interested persons access to it.

The Leedham slate faxed additional literature table material on October 2 and it is on the table now.

We find no violation of the Rules and DENY this 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 494

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

Richard Berg

1336 W. Argyle

Chicago, IL 60640

IBT Local 743

300 S. Ashland Avenue

Chicago, IL 60607

Jeffrey Ellison

65 Cadillac Square

Suite 3727

Detroit, MI 48226

[1]     Advisory on the Use of Literature Tables or Bulletin Boards for the Distribution of Campaign Literature Inside Union Halls (March 29, 2001).