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Office of the Election Supervisor for the International Brotherhood of Teamsters

IN RE: CRAIG KARNIA,
Protest Decision 2001 EAD 536
Issued: November 1, 2001
OEA Case No. PR101812MW

Craig Karnia, a member of Local 705, 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"). Karnia alleges that Local 714 business agents for U.S. Metals campaigned while performing their duties.

Election Administrator representative Jason Weidenfeld investigated the protest.

Findings of Fact and Analysis

Karnia did not witness the events but claims that he heard about them through a UPS driver. Karnia has not been able to provide any witnesses.

Local 714 business agent Tom Walsh admits that he went to U.S. Metals on October 15, 2001 to meet with members regarding possible employer-requested contract concessions. He said that shortly before the meetings, he gave a campaign bumper sticker to a steward while in the breezeway outside of the building. He alleges that he engaged in no other campaign-related activity while at U.S. Metals. We credit Walsh's unchallenged statements.

We find that Walsh's campaigning was minimal and incidental to the legitimate reason for his attendance at U.S. Metals. Article VII, Section 11(b) of the Rules protects such incidental campaigning. Accordingly, we DENY the protest.

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 536

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

30 Third Avenue

Brooklyn, NY 11271

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

Suite 1100

2777 N. Stemmons Freeway

Dallas, TX 75207

Craig Karnia

11108 South Deerpath

Palos Hills, IL 60465

IBT Local 705

1645 W. Jackson Blvd.

Chicago, IL 60612

IBT Local 714

6815 W. Roosevelt Road

Berwyn, IL 60402

Tom Walsh

IBT Local 714

6815 W. Roosevelt Road

Berwyn, IL 60402

U.S. Metals

Human Resource Manager

3000 Shermer Road

Northbrook, IL 60062