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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: RICK FYVIE,
Protest Decision 2001 EAD 497
Issued: October 5, 2001
OEA Case No. PR091712CA

Rick Fyvie, a member and vice-president of Local Union 938, 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 Larry Barnett, a supporter of the Tom Leedham Rank & File Power slate (the "Leedham slate"). He alleges campaign activity by Barnett in violation of Article VII, Section 11 of the Rules. This protest was the subject of our earlier decision in 2001 EAD 489 (October 3, 2001), which is modified by this decision.

In our earlier decision, we found that Leedham slate supporter Barnett improperly posted campaign stickers on the Local 938 office building in Thunder Bay, Ontario on September 15, 2001, so that they were visible while members arrived to attend a union meeting.

Barnett acknowledges that he applied Leedham stickers on the outside of the Local 938 office building. It is also undisputed that they were removed shortly thereafter. We mistakenly found, however, that the union meeting was held at the local union hall, so that the stickers were visible to attendees of the meeting. In fact, the local union meeting was held at another location some distance from the local union office, which was closed while the stickers were posted.

We adhere to our decision to GRANT the protest, as Barnett's posting of campaign materials on a local union hall violates Article VII, Section 11(c) and Article XI, Section 1(b)(6) of the Rules.

However, we modify our remedy by removing the requirement that the Leedham slate shall mail at its own expense a copy of the Notice attached to 2001 EAD 489 to all Local 938 members who attended the September 15 meeting. We do so because those members were not exposed to the campaign stickers improperly displayed on Local 938's building.

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 497

DISTRIBUTION LIST VIA UPS NEXT DAY AIR AND FAX (as indicated):

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

IBT Local 938

275 Matheson Blvd. East

Mississauga, ON L4Z 1X8

Canada

Fax: 905.502.0076

Rick Fyvie

601 Galahad Drive

Oshawa, ON L1K 1L9

Canada

Larry Barnett

3157 Oakview Road

Mississauga, ON L5N 7N8

Canada

Fax: 416.261.4424

Gwen Randall, Q.C.

421 Seventh Ave. SW

Calgary, AB T2P 4K9

Canada