IN RE: HOFFA UNITY SLATE,
Protest Decision 2001 EAD 528
Issued: October 29, 2001
OEA Case No. PR101214AT
The Hoffa Unity slate ("Hoffa slate"), 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 Tom Leedham Rank and File Power slate ("Leedham slate"). The protest alleges that, on October 4, 2001, supporters of the Leedham slate violated the Rules by campaigning in the drivers' break room of the Miami, Florida facility of Consolidated Freightways ("CF") where, as non-CF employees, they had no pre-existing right to campaign.
On October 22, 2001, we issued 2001 EAD 516, granting the protesting and ordering a remedy.
On October 23, 2001, the Leedham slate appealed our decision, arguing, inter alia, that the Rules were not violated because "campaigning has taken place in this break room during several election cycles, with the knowledge of management."
We have subsequently interviewed a number of witnesses concerning whether a policy or practice exists that allows campaigning in the subject break room. Based on those interviews, we WITHDRAW 2001 EAD 516 for further investigation.
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 528
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Patrick Szymanski
IBT General Counsel
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Washington, DC 20001
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
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Korney & Heldt
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Barbara Harvey
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Betty Grdina
Yablonski, Both & Edelman
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Tom Leedham c/o Stefan Ostrach
110 Mayfair
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Todd Thompson
209 Pennsylvania Ave., SE
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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 390
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North Miami, FL 33161
Armadio Bianchi
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E-409
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