Protest Decisions

IN RE: JOHN HULL AND DAVID THORNSBERRY,
Protest Decision 2001 EAD 501
Issued: October 11, 2001
PR100213CA and PR100911NA

John Hull and David Thornsberry, International candidates on the Tom Leedham Rank and File slate (the "Leedham slate") and members, respectively, of Locals 938 and 89, filed pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). They allege that Locals 230, 647, 847, 879 and 938 in metropolitan Toronto or Hamilton, Ontario, and Local 89 in Louisville, Kentucky, have refused to post the Debate Notice required by our decision in Candidate Forums, 2001 EAD 428 (August 22, 2001), aff'd, 01 EAM 77 (September 25, 2001), on bulletin boards at the worksites within their jurisdiction. In addition, the Thornsberry protest asserts that deliberate non-posting of the Debate Notice is also occurring at local unions throughout the IBT, and especially at local unions with leadership supportive of the Hoffa Unity slate (the "Hoffa slate").

Election Administrator representatives Gwen Randall, Lois Tuttle and Jeffrey Ellison investigated the protests.

Findings of Fact

On August 22, 2001, we issued our decision in Candidate Forums, supra. There, we confirmed that the Election Administrator would exercise his discretion under Article VII, Section 6 of the Rules to conduct a candidate forum for the nominated candidates for General President of the IBT, James P. Hoffa and Tom Leedham. The forum was scheduled for Friday, September 21, 2001, at 9:00 a.m. at the National Press Club in Washington, D.C. Because both candidates had previously accepted our invitation, the forum was scheduled as a debate between the candidates, moderated by Sanford Ungar. Journalists were subsequently selected as questioners, and rules originally adopted in 1998 by Election Officer Cherkasky were adopted, with few changes.

We also announced in that decision that 500,000 copies of a videotape of the debate would be manufactured, with 200,000 each to be given to the Hoffa and Leedham slates for dissemination as each determined, and with 100,000 to be given to local unions for literature table distribution. We directed all IBT local unions to post on all worksite and union hall bulletin boards a notice (the "Debate Notice") attached to our decision that announced the debate and the means used to disseminate tapes of the forum, through which the membership could obtain a tape. The decision in 2001 EAD 428 stated that locals would have until September 10, 2001 to post the Debate Notice. Although opposed by the IBT, the Election Appeals Master affirmed the above distribution scheme. 01 EAM 77, supra.

On August 30, 2001, the Election Administrator issued his Advisory Regarding Election-Related Postings and Debate Videotape Distribution. This advisory notified locals of the decision in 2001 EAD 428, supra, and of their obligation to post the Debate Notice on all union bulletin boards. The advisory extended the posting deadline for the Debate Notice until September 14, 2001, to allow for simultaneous posting of that notice and the Election Administrator's Notice of Election required by Article IV, Section 2 of the Rules.[1] The advisory further provided for the filing of an affidavit by each local union attesting to the posting of the Debate Notice and the Notice of Election, which Article IV, Section 2 of the Rules required to be filed by September 17, 2001. The advisory was mailed to all U.S. IBT locals other than locals 1 through 35 and 901 on Friday August 31, 2001, with copies sent to all Canadian locals, Locals 1 through 35 and Local 901 by UPS Next Day Air for delivery on September 4, 2001. A copy of the Debate Notice and the Notice of Election that are the subject of the August 30 advisory are attached hereto as Exhibits A and B.

The Election Administrator has published a Sample Affidavit of Posting Required Notice form, which has been widely used by IBT locals. The form is for execution by the local secretary-treasurer, states that it is filed pursuant to the Rules, provides a space to identify the type of notice posted, and states that a copy of such notice "was posted on each Local Union bulletin board." The form also states that "[a]ttached to this affidavit, and incorporated herein by this reference, is a list, by employer, site, and location, of all Local Union bulletin boards and the individuals responsible for posting at each site." The affidavit form prescribes that it shall be sworn.

Following the mailing of this advisory, on September 17, 2001, four days before the debate, candidate Hoffa withdrew from the debate and designated Hoffa slate Regional Vice-President candidate Chuck Mack to take his place. The debate then occurred as scheduled on the morning of September 21, 2001.

On the afternoon of that date, the Hoffa campaign advised the Election Administrator that it was willing to forego receiving its 200,000 copies of the debate videotape, but only if the IBT received the full resulting cost savings. The Election Administrator subsequently determined that this action would result in only minimal savings, and so notified the Hoffa slate. Nonetheless, the Hoffa slate ultimately decided not to receive or distribute any of its videotapes. Tapes of the Leedham-Mack debate were manufactured, and were shipped in late September 2001 to all IBT locals and to the Leedham slate. The IBT has asked that it receive some or all of the Hoffa slate's 200,000 videotapes for possible future use, and the arrangements for this are being undertaken.

As of October 3, 2001, 195 IBT locals had failed to attest to the posting of the Debate Notice and the Notice of Election by the required affidavit. An additional 11 locals had submitted affidavits attesting only to posting of the Notice of Election. Therefore, on that date the Election Administrator transmitted a message to each of these local unions via Titan (or fax if a non-Titan local) informing these locals that they had failed to comply with the notice posting requirements stated in the August 30 advisory, and further stating that a protest had been filed challenging the non-posting of required notices.[2]

The Titan message then stated:

Both because of the importance of these postings and the imminence of the ballots being mailed, any local that has not fulfilled its posting obligation and provided the election office with an appropriate affidavit by Monday, October 8, 2001 will be required to immediately send out these notices to each of its members by first class mail at local expense. If your local is on the attached list, please deal with this problem immediately.

If you fail to do so, you will receive a fax directive on Tuesday, October 9, 2001 (the ballot mail date) requiring you to immediately send out these notices to all members by first class mail.

A copy of the October 3 Titan message and the list of local unions to which it was sent are attached hereto as Exhibits C and D respectively.

In response to the October 3 Titan message, slightly less than one-half of the previously non-compliant local unions filed the required affidavit of posting with the Election Administrator by October 8, 2001. Ninety-seven, however, still continued to fail to attest to their posting of the Notice of Election and the Debate Notice, while 11 other local unions continued to fail to attest only to their posting of the latter. A list of these 108 non-compliant locals is attached hereto as Exhibit E.

On October 9, 2001, the Election Administrator sent via facsimile through the IBT a directive to the 108 locals listed on Exhibit E. The directive, attached hereto as Exhibit F, informed the recipient locals that given their failure to attest to the required postings, they must send a copy of the Notice of Election and the Debate Notice to each of their members by 5:00 p.m., October 10, 2001 via first class mail, with proof of said mailing being provided to the Election Administrator by that same deadline. The October 9 message also informed the recipient locals how to respond if they had grounds indicating that they had received the message in error, as well as an additional opportunity to submit an affidavit that day attesting to the posting requirement.

As of the issuance of this decision, 29 local unions have still not submitted an affidavit of posting or of mailing to members of the notices they were required to post. These local unions are listed on Exhibit G hereto. Of these, the Election Administrator has found sufficient cause for delay by three locals (Locals 522, 803, 831) due to disruption to their operations resulting from the September 11, 2001 World Trade Center bombings. The remaining 26 locals have failed to comply with the Rules and the directives of the Election Administrator by failing to attest to posting or mailing of the Notice of Election and/or Debate Notice.

Allegations made by Hull and Thornsberry against specific local unions. Hull alleges that Debate Notices have not been posted at numerous worksites within the jurisdiction of Locals 230, 647, 847, 879 and 938 in metropolitan Toronto or Hamilton. These include three Local 230 worksites of Dufferin Cement in Toronto and Mississauga, a Local 230 worksite of Blue Circle in Brampton, a Local 230 worksite of Innocon in Mississauga, a Local 230 worksite of LaFarge in Toronto, a Local 647 worksite of Aramark in Toronto, six Local 847 Goodwill Center worksites in Toronto and Mississauga, a Local 847 K Bro Linen worksite in Toronto, a Local 847 Gilbert Steel worksite in Mississauga, a Local 847 Acan Windows worksite in Mississauga, a Local 879 John Grant worksite in Mississauga, a Local 879 Clarkson Construction worksite in Oakville, a Local 879 United Parcel Service worksite in Stoney Creek, a Local 879 Cabano worksite in Stoney Creek, a Local 879 CF Transport worksite in Stoney Creek, a Local 879 Finlay Greenwoods worksite in Hamilton, a Local 879 Connel Transport worksite in Hamilton, a Local 879 Cancor worksite in Hamilton, a Local 879 Cancor worksite in Hamilton, a Local 879 VB Steel worksite in Hamilton, a Local 938 Dynamex worksite in Malton, a Local 938 Paper Fibers worksite in Mississauga, a Local 938 C. W. Henderson worksite in Malton, a Local 938 Riello worksite in Mississauga, a Local 938 Atlas Corp. worksite in Mississauga, a Local 938 Municipal worksite in Oakville, a Local 938 United Parcel Service worksite in Toronto, a Local 938 XTL Transport Garage worksite in Toronto, a Local 938 Puratos worksite in Mississauga and a Local 938 Recall worksite in Mississauga. Hull has no evidence of the reason why there are no Debate Notices at these locations, only that they are not there. He adds, however, that in delivering his share of the Leedham slate's allotment of debate videotapes, IBT members at these locations have told him they knew nothing of the availability of such tapes, either from the candidates or from their own local union.

Locals 230, 647, 847, 879 and 938 each filed affidavits of posting indicating that Notices of Election and Debate Notices have been posted on all of their union bulletin boards. All but Local 230 filed these before the October 3, 2001 non-compliance message transmitted by the Election Administrator. Each local continues to claim that all notices were posted as sworn to in their affidavit, and all have agreed to report on the claims of non-posting made by candidate Hull. Our investigation on Hull's allegations therefore continues.

Thornsberry alleges that Local 89, which has 17,000 members, has failed to post the Debate Notice at bulletin boards throughout the local union's shops. He told our investigator that Debate Notices are not posted at the major Local 89 worksite at the UPS Louisville Air Hub, as well as at the UPS Ash Bottom worksite and the Consolidated Freightways worksite on Millers' Lane in Louisville. He further claims that Debate Notices were covered up or incompletely posted at the Louisville area Roadway, Dolly Madison and Rev-A-Shelf worksites. Thornsberry states that UPS workers at the Louisville Air Hub expressed no knowledge about the candidate debate during Thornsberry's distribution of debate videotapes there.

Local 89 timely filed an affidavit attesting that it had posted both the Notice of Election and Debate Notice on all its bulletin boards. It has further agreed to check its worksites and to repost Debate Notices if they have been removed, defaced or covered. It has also agreed to provide detailed evidence concerning the time and manner of its original posting, in addition to that provided in its posting affidavit.[3] Our investigation of the Thornsberry protest concerning Local 89 therefore continues. As set forth below, we have directed Thornsberry (as well as any other party) to provide any additional evidence concerning alleged non-posting of Debate Notices or Notices of Election by October 23, 2001.

Analysis and Investigative Order

The Notice of Election and the Debate Notice are each specifically provided for in the Rules. Article IV, Section 2 provides specifically for the Notice of Election, its posting on all union bulletin boards beginning sixty days prior to the count date, and local union attestation of such posting. Article VII, Section 6 of the Rules provides for candidate forums and states that the "Election Administrator shall make every effort to provide advance notification of such forum(s) to the membership." Both notices are part of the framework established by the Rules to "ensure fair, honest, open and informed elections."

The large number of local unions that failed to timely file, or even to untimely file, an affidavit attesting to the posting of either the Notice of Election or the Debate Notice raises serious concerns that these notices have not been timely posted, or posted at all, among a substantial percentage of the IBT membership. This, along with other evidence in our possession, such as the almost complete silence concerning the candidate debate in IBT publications and those of IBT local unions reviewed by our office pursuant to Article VII, Section 8(e) of the Rules, also suggests the possible merit of the claim by the protestors that this non-compliance is part of an intentional pattern of misconduct, motivated by a desire to keep the membership in the dark about the candidate debate. Any finding that, as alleged, such a pattern of conduct occurred, could have serious election ramifications.

We are not willing, however, to assume the existence of such a pattern of conduct based on the non-filing or tardy filing of attestations of posting by a number of IBT locals.[4] We learned from experience in implementing the literature table program decreed by The Election Appeals Master's decision in January 17, 2001 Advice Request, 01 EAM 36 (February 21, 2001), cf. Advisory On The Use Of Literature Tables Or Bulletin Boards For The Distribution Of Campaign Literature Inside Union Halls (March 29, 2001), that local union delays in attestation to implementation of Election Administrator directives is more often the result of inertia or error rather than malfeasance, even though we hasten to add that just as malfeasance is unacceptable, so is non-compliance for more innocent reasons.

Due to the seriousness of the protestors' allegations, and in order to properly judge the scope of non-compliance among IBT locals here, and to thus determine its effect on the ongoing International officer election, we will not decide the merits of these protest allegations in this decision. Instead, we direct all interested parties to provide the Election Administrator with whatever specific evidence or argument they have concerning the matters addressed herein, and on the potential effect of local union non-compliance on the International officer election, by October 23, 2001.

In addition, all IBT local unions listed on Exhibit G hereto are ordered to immediately mail the Notice of Election and the Debate Notices attached hereto as Exhibits A and B to all of their members, via first class mail postmarked and deposited in the mail by noon October 13, 2001, and to immediately post these notices on all union bulletin boards by that time.[5]  Sworn affidavits of compliance with this order shall be filed by each local union listed on Exhibit G by 1:00 p.m. on October 15, 2001, at fax number 202.454.1501.

As explained above, we reserve ruling on the merits of the allegations raised herein at present. We also reserve ruling on the question of sanctions against those local unions that have failed to comply with the Election Administrator's directives.

The orders of the Election Administrator contained herein take immediate effect unless otherwise stayed. Lopez, 96 EAM 73 (February 13, 1996).

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 15^th Street NW, Tenth Floor, Washington, DC 20005 (fax: 202-454-1501), all within the time prescribed above.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy

2001 EAD 501

Exhibit A - Debate Notice

NOTICE TO ALL MEMBERS OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

A debate will take place between the nominated candidates for General President of the IBT, James P. Hoffa and Tom Leedham, on Friday, September 21, 2001, at 9:00 a.m. at the National Press Club in Washington, D.C.

Both candidates have agreed to debate.

A panel of journalists will pose questions to the candidates and Sanford Ungar will moderate the debate.

The debate may be broadcast on the cable television channel C-SPAN.

The debate will be videotaped and 400,000 copies of the videotape will be divided equally between the Hoffa Unity slate and the Tom Leedham Rank and File Power slate for distribution to the membership. Members are encouraged to contact either campaign to obtain a copy of the debate videotape.

An additional 100,000 debate videotapes will be distributed among all 526 IBT locals. IBT members may obtain a copy of the debate videotape while supplies last at the campaign literature tables or campaign bulletin boards maintained at their local union's offices.

Members are encouraged to view the debate videotape and share it with their fellow members.

For further information, log on to www.ibtvote.org or call the Office of the Election Administrator at 1-800-565-VOTE.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

This is an official notice that is to be posted by each IBT local union on all worksite and local union hall bulletin boards no later than September 14, 2001 and must remain posted until November 12, 2001. It must not be defaced or altered in any manner or be covered with any other material.

Exhibit B- Notice of Election

NOTICE OF ELECTION

International Brotherhood of Teamsters

The election of International officers will be conducted by mail ballot. The positions to be elected are: general president, general secretary-treasurer, five at-large vice presidents, three International trustees and 12 Regional vice presidents, five to be elected by members of the Central Region, three by members of the Western Region, two by members of the Southern Region and two by members of Teamsters Canada. (The four Eastern Region Vice-President candidates and the President Teamsters Canada candidate were unopposed and have been declared elected.)

On or about October 9, 2001, Election Administrator William A. Wertheimer, Jr. will mail a ballot to all members. The Election Administrator and his staff will perform all functions related to the mailing and counting of ballots.

TO BE ELIGIBLE TO VOTE, a member must have his or her dues paid through October 2001. Members may become eligible by paying any outstanding dues and initiation fees at their local union by the close of business on November 12, 2001. Members whose dues are withheld by their employer under a check off provision in their collective bargaining agreement will not be declared ineligible to vote due to the employer's failure to make timely payment of those dues to the local union. For a full statement of the rules governing voting eligibility, please see Article V of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election.

TO VOTE, fill in the oval to the left of the candidate(s) or slate of your choice.

	A vote for a slate takes precedence over a vote for an individual candidate.
	You can vote for individual candidates, whether or not they are on a slate, so long as the total number of votes (including a vote for a partial slate) is not greater than the total to be elected to that office.
	After you have marked your ballot, insert your ballot into the "Secret Ballot Envelope." This envelope ensures the secrecy of your ballot. Place the secret ballot envelope in the return envelope and seal and mail the return envelope. Your address label on the return envelope will identify you as an eligible voter. Do not remove this label, change anything on it, or cover it up. Your vote will remain secret because the secret ballot envelope containing your ballot will be removed from the returned envelope and mixed with other secret ballot envelopes before it is opened and your ballot counted.

The Election Administrator must receive your ballot by 9:00 a.m. on November 13, 2001. Only those ballots properly received by the Election Administrator by this date and time will be counted. The ballot count will begin after 10:00 a.m. on November 13, 2001 at the IBT International Officer Election Count Site in Alexandria, Virginia.

If you do not receive a ballot by October 21, 2001, if your address has changed recently, or if you have any questions about this election process, call 1-800-565-VOTE (in Washington, D.C., 454-1500) immediately.

No person or entity shall limit or interfere with the right of each IBT member to independently determine how to cast his or her vote and to cast and mail the ballot himself or herself. The Election Administrator shall not hesitate to impose the most severe sanctions for violation of the prohibition against solicitation of a member's ballot by any other Union member, officer, business agent, steward or other person, including, but not limited to, recommending appropriate disciplinary proceedings against members involved, referring the matter to the Government for appropriate action under law (including the Consent Order), and, when appropriate, disqualifying the candidate on whose behalf ballots were solicited.

Exhibit C- Election Administrator's October 3, 2001 Titan Message

ATTENTION ALL LOCALS

By an advisory dated August 30, 2001, each local was advised that it was required to post a notice of election and notice of debate on all union bulletin boards by September 14, 2001 and provide the election office with an affidavit of posting. This advisory and a form sample affidavit of posting are available at www.ibtvote.org.

A large number of locals have not submitted an affidavit of posting. A smaller number of locals have submitted an affidavit regarding the election notice but not the debate notice. A list of these locals is attached. Additionally, a protest has been filed alleging that certain locals have refused to post these notices.

Both because of the importance of these postings and the imminence of the ballots being mailed, any local that has not fulfilled its posting obligation and provided the election office with an appropriate affidavit by Monday, October 8, 2001 will be required to immediately send out these notices to each of its members by first class mail at local expense. If your local is on the attached list, please deal with this problem immediately.

If you fail to do so, you will receive a fax directive on Tuesday, October 9, 2001 (the ballot mail date) requiring you to immediately send out these notices to all members by first class mail.

William A. Wertheimer, Jr.

Election Administrator

Exhibit D - Locals in non-compliance on October 3, 2001

Local unions sent October 3, 2001 Titan message because of failure to comply by that date with August 30, 2001 Advisory's posting affidavit requirement (for Notice of Election and Debate Notice):

1 2 4 15 19 23 35 36 50 64 69 72 79 81 82 100 101 102 103 107 113 118 119 122 125 132 141 160 164

173 177 214 228 230 243 244 246 247 251 258 259 261 264 270 272 273 277 278 284 293 294 300 303 311 313 317 326 328

330 331 337 340 344 350 355 371 375 377 385 390 395 396 397 399 401 402 404 408 419 421 424 430 439 460 463 469 470

471 473 483 490 491 502 503 517 522 531 538 549 556 572 580 584 585 589 592 610 623 624 630 633 654 661 665 667 669

670 671 676 677 686 687 697 701 705 706 707 716 728 734 738 745 746 747 748 754 763 771 783 786 791 803 807 808 810

813 819 822 830 831 832* 837 839 840 843 851 866 901 911 912 917 919 945 947 959 966 968 969 973 974 983 984 988 992

997 1003* 1035 1070 1110 1135 1149 1187 1302* 1414 1552* 1572 1620 1655* 1688* 1717 1985* 1998 2000 2040 2727 * Non-Titan local with no fax

Local unions sent October 3, 2001 Titan message because of failure to comply by that date with August 30, 2001 Advisory's posting affidavit requirement (for Debate Notice):

87 96

105 147

174 579

616 653

760 848

891

Exhibit E - Locals Receiving October 9, 2001 Election Administrator Directive

Local unions sent October 9, 2001 Election Administrator Directive because of failure to comply by that date with August 30, 2001 Advisory's posting affidavit requirement (for Notice of Election and Debate Notice):

2 23 35 72 82 100 101 103 118 119 122 132 160 173 214 228 244 246 259 272 273

277 300 303 311 313 326 328 340 344 350 355 375 377 385 395 397 399 419 424 430 439

460 463 473 503 517 522 531 572 592 610 623 624 665 671 687 705 707 728 730 746 747

763 771 783 810 813 831 832* 837 866 901 912 917 945 947 959 969 974 997 1003* 1035 1070

1110 1135 1302* 1552* 1572 1620 1655* 1688* 1717 1880 1985* 2000 2727 * Non-Titan local with no fax machine

Local unions sent October 9, 2001 Election Administrator Directive because of failure to comply by that date with August 30, 2001 Advisory's posting affidavit requirement (for Debate Notice):

87 96 105

261 579 616

686 803 819

891 966

Exhibit F- October 9, 2001 Election Administrator Directive

ATTENTION: IMMEDIATE MAILING

TO ALL LOCAL UNION MEMBERS

REQUIRED

By advisory dated August 30, 2001, I advised each local of its obligation to post a notice of election and notice of debate on all union bulletin boards by September 14, 2001 and provide my office with an affidavit of posting. The advisory, appropriate notices, and a sample affidavit have been, and continue to be, available on the election office website at www.ibtvote.org or by request at 1-800-565-8683.

On Tuesday, October 2, 2001, I reminded all locals of this obligation and advised them that many had failed to comply. I stated that any local that failed to comply by Monday, October 8 would be required to immediately send both notices to all local union members by first class mail.

If you have received this message, it means that our office did not receive your affidavit of posting by October 8. This means that you are now required to immediately send both of the attached notices to all of your local union members by first class mail. You must do this by 5 PM tomorrow, October 10, 2001.

By 5 PM tomorrow, you must also fax an affidavit certifying that this mailing was accomplished. Our fax number is (202) 454-1501.

Your failure to abide by these deadlines will result in remedial action by our office.

If you have complied with the posting and affidavit requirement and believe that you have received this message in error, please contact Election Administrator Representative Lois Tuttle at 1-800-565-8683. If you have complied with the posting requirement but failed to timely send us this affidavit, you may do so by faxing us the affidavit by 5 PM today. Our fax number is (202) 454-1501.

Should you have any questions concerning this message, please contact Election Administrator Representative Lois Tuttle.

William A. Wertheimer, Jr.

William A. Wertheimer, Jr.

Election Administrator

Exhibit G - Locals not responding to October 9 Election Administrator Directive

Local unions that have filed no posting affidavit (for the Notice of Election and Debate Notice) or affidavit of mailing of notices to members as of the issuance of this decision:

119 273 300 328 424 522+

592 747 831+ 832* 1003* 1070

1135 1302* 1552* 1655* 1688* 1717

1880 1985* 2000

* Non-Titan local with no fax machine

Local unions that have filed no Debate Notice posting affidavit or affidavit of mailing of notices to members as of the issuance of this decision:

87

261

803+

819

866

966

Local unions that have filed no Notice of Election posting affidavit or affidavit of mailing of notices to members as of the issuance of this decision:

399

945

+ Local union found to have sufficient cause for delay in posting due to disruption to their operations resulting from the September 11, 2001 World Trade Center bombings.

DISTRIBUTION LIST VIA FAX AND UPS NEXT DAY AIR:

Patrick Szymanski

IBT General Counsel

25 Louisiana Ave. NW

Washington, DC 20001

Fax: 202.624.6884

Bradley T. Raymond

Finkel, Whitefield, Selik,

Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334

Fax: 248.855.6501

J. Douglas Korney

Korney & Heldt

30700 Telegraph Road

Suite 1551

Bingham Farms, MI 48025

Fax: 248.646.1054

Andrew Schilling

Assistant United States Attorney

100 Church Street

19^th Floor

New York, NY 10007

Fax: 212.637.2825

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

Suite 1100

2777 N. Stemmons Freeway

Dallas, TX 75207

Fax: 214.630.9286

Barbara Harvey

Penobscot Building

Suite 1800

645 Griswold

Detroit, MI 48226

Fax: 313.963.3572

 

Betty Grdina

Yablonski, Both & Edelman

Suite 800

1140 Connecticut Ave. NW

Washington, D.C. 20036

Fax: 202.463.6688

Tom Leedham c/o Stefan Ostrach

110 Mayfair

Eugene, OR 97404

Fax: 541.607.4484

Todd Thompson

Hoffa Unity Slate 2001

209 Pennsylvania Ave. SE

Washington, DC 20003

Fax: 202.454.5294

Matt Ginsburg

30 Third Avenue

Brooklyn, NY 11217

Fax: 718.875.4631

IBT Local 89

3813 Taylor Blvd.

Louisville, KY 40215

IBT Local 230

55 Nugget Ave.

Suite 214

Scarborough, ON M1S 3L1

Canada

IBT Local 647

7 Hafis Road

Toronto, ON M6M 2V6

IBT Local 847

720 Spadina Ave.

Suite 305

Toronto, ON M5S 2T9

Canada

IBT Local 879

460 Parkdale Ave. No.

Hamilton, ON L8H 5Y2

Canada

IBT Local 938

275 Matheson Blvd. East

Mississauga, ON L4Z 1X8

 

Irwin H. Cutler, Jr.

Adrienne Berry

Segal Stewart Cutler Lindsay Janes & Berry

1400-B Waterfront Plaza

325 West Main Street

Louisville, KY 40202-4251

All IBT local unions listed on Exhibit G hereto, at the addresses for each such local union stated in the current IBT Roster