IN RE: RANDY OLSON,
Protest Decision 2001 EAD 547
Issued: November 8, 2001
OEA Case No. PR102912WE
Randy Olson, a member of Local 70, 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"). Olson alleges that Local 70 secretary-treasurer Chuck Mack and business agent Marty Frates improperly campaigned inside the Waste Management facility located on 98th Avenue in Oakland, California.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
Olson did not witness the events but heard about them through another Local 70 member who claims that Mack spoke to about 200 members in the residential dispatch area at around 5:00 a.m. on October 8, 2001. The witness claims that Mack told people to vote because they had benefited from good contracts and that Frates was there too, but did not speak. Although there were allegedly hundreds of members in the room, the protestor has been unable to supply a corroborating witness.
Mack and Frates deny the claims. Mack states that he was never at the 98th Avenue facility on October 8. Instead, he states that he was at a Waste Management transfer station on union business more than a mile away. Frates admits being at the facility on the morning of October 8 but denies seeing Mack there or knowing of any campaigning at the facility on that day.
We find no substantiated evidence that Mack or Frates campaigned at the Oakland Waste Management facility. 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 547
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
3060 Penobscot Building
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
Randy Olson
P.O. Box 1734
San Leandro, CA 94577
IBT Local 70
70 Hegenberger Road
Oakland, CA 94621
Chuck Mack
IBT Local 70
70 Hegenberger Road
Oakland, CA 94621
Marty Frates
IBT Local 70
70 Hegenberger Road
Oakland, CA 94621
Waste Management
Human Resource Manager
172 98th Avenue
Oakland, CA 94603