IN RE: JAY DOMENY AND ORMAR LOCKLEAR,
Protest Decision 2001 EAD 499
Issued: October 5, 2001
OEA Case Nos. PR090911WE & PR091811WE
Jay Domeny, a shop steward and member of Local 150, 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 the Hoffa Unity slate (the "Hoffa slate"). Ormar Locklear, a member of Local 78, filed a pre-election protest under the same Rules provision against the Tom Leedham Rank and File Power slate (the "Leedham slate") and United Parcel Service ("UPS"). Domeny alleges that campaigners for the Hoffa slate harassed and intimidated IBT members employed by UPS at its West Sacramento facility in the course of their campaign conduct, in violation of Article VII, Section 11 (e) and (g) of the Rules. Locklear alleges that UPS has improperly contributed to the Leedham slate by allowing Leedham bumper stickers to be displayed on company vehicles and that UPS interfered with campaign activities on public property outside the West Sacramento facility.
These protests were the subject of our earlier decision in 2001 EAD 487 (October 3, 2001). There, we denied a protest allegation against UPS alleging improper interference with campaign activity, granted or denied other protest allegations against parties other than UPS, and granted a protest allegation that UPS permitted the display of Leedham bumper stickers by Leedham supporters on UPS vehicles. We noted that such displays are contrary to UPS policy.
UPS has asked that we reconsider this protest grant against it, and we have done so based on UPS's commitment that it will continue to enforce its policy in a neutral manner. Because of that commitment, we rescind our protest grant against UPS in this matter, and deem the allegation against UPS RESOLVED.
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 499
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
Hoffa Unity Slate
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, TX 75207
Gary Tocci
Kim Kaplan
Schnader, Harrison, Segal & Lewis
Suite 3600
1600 Market St.
Philadelphia, PA 19103
Lindsay Marshall
UPS Inc., Legal Department
55 Glenlake Parkway NE
Atlanta, GA 30328
IBT Local 150
7120 East Parkway
Sacramento, CA 95823
Ormar Locklear
3801 Branson Dr.
San Mateo, CA 94403
Jay Domeny
9647 Folsom Blvd.
PMB 126
Sacramento, CA 92827
Dolores Hall
1000 Belmont Place
Metairie, LA 70001
J. Griffin Morgan
Elliott, Pishko, Gelbin & Morgan
426 Old Salem Road
Winston-Salem, NC 27101