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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: JOHN J. CANTWELL,
Protest Decision 2001 EAD 524
Issued: October 23, 2001
OEA Case No. PR101814NE

John J. Cantwell, secretary-treasurer of Local 118 and supporter of General President candidate James P. Hoffa, 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"). Cantwell alleges that United Parcel Service ("UPS") violated Article VII, Section 11(e) of the Rules by denying him access to an employee parking lot in Rochester, New York for the purpose of campaigning.

Election Administrator representative Jason Weidenfeld investigated the protest.

On October 17, 2001, Cantwell and Local 118 business agent Eugene DeLorme went to the UPS facility on Nassau Street in Rochester at around 7:00 a.m. and campaigned in the parking lot until about 7:50 a.m. At that time, UPS supervisor James Gallagher instructed the campaigners to leave the lot and ultimately escorted them from the property. According to Cantwell, Gallagher did not heed Cantwell's statements that he had a right to campaign in the parking lot. According to UPS's western New York district labor manager Tony Venditti, Gallagher claims that the campaigners were escorted from the lot because work was being done there that morning. Venditti asserts that he and Gallagher know about and follow the parking lot access provision in the Rules.

The day after the incident, the protestor received information that Gallagher now indicated that campaigners were allowed on the parking lot. Venditti has stated that UPS does not and will not deny IBT members the parking lot access rights under the Rules in connection with the IBT International officer election. Rules, Article VII, Section 11(e). Based on Venditti's statement, we are satisfied that IBT members wishing to exercise their rights under the access provision at the Rochester facility will be permitted to do so. Accordingly, as in similar cases, we deem the protest RESOLVED. See, e.g., Soto, 2001 EAD 466 (September 21, 2001); Holbrook, 2001 EAD 416 (July 31, 2001).

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 524

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 Lane

Eugene, OR 97404

Todd Thompson

209 Pennsylvania Ave., SE

Washington, DC 20003

Matt Ginsburg

P.O Box 6678

Arlington, VA 22206

 

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

Suite 1100

2777 N. Stemmons Freeway

Dallas, TX 75207

IBT Local 118

1393 South Ave.

Rochester, NY 14620

John J. Cantwell

IBT Local 118

1393 South Ave.

Rochester, NY 14620

Eugene DeLorme

IBT Local 118

1393 South Ave.

Rochester, NY 14620

Lindsay Marshall

UPS, Inc. Legal Department

55 Glenlake Pkwy. NE

Atlanta, GA 30328

Kim Kaplan

Gary Tocci

Schnader, Harrison, Segal & Lewis

Suite 3600

1600 Market St.

Philadelphia, PA 19103