IN RE: DAVID THORNSBERRY
Protest Decision 2000 EAD 54
Issued: December 1, 2000
OEA Case No. PR071701MW
David Thornsberry, a member of Local Union 89, filed this 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"). The protest alleges that business agents of Local Union 89 violated the Rules by soliciting accreditation signatures for the Hoffa campaign inside the local union hall during business hours. On November 17, 2000, we issued our decision in 2000 EAD 48, finding a violation of the Rules.
Local 89 has appealed the decision in 2000 EAD 48 to the Election Appeals Master. On December 1, 2000, Local 89 filed a request with the Election Administrator for a stay pending appeal of the notice posting provisions of the order in 2000 EAD 48.
We grant the stay as requested, pending the decision of the Election Appeals Master on appeal.
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, 10th floor, Washington, D.C. 20005 (Fax: 202.454.1501), all within the time period 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
Jeffrey Ellison
2000 EAD 54
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
645 Griswold, Suite 1800
Detroit, MI 48226
Tom Leedham c/o Stefan Ostrach
110 Mayfair Lane
Eugene, OR 97404
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave., NW
Washington, D.C. 20036
David Thornsberry
10403 Truman Way
Louisville, KY 40299
Fred Zuckerman, President
Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215