IN RE: STEFAN OSTRACH,
Protest Decision 2000 EAD 65
Issued: December 19, 2000
OEA Case No. PR110601WE
Stefan Ostrach, a member of Local 206, 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 Rome Aloise, secretary-treasurer of Local 853 and an International Union representative. The protester alleges that on November 1, 2000, at a meeting of various IBT local union officials called to discuss support for Local 439's strike against Summit Logistics ("SL"), Aloise threatened retaliation against Local 439 and its members because of Local 439 secretary-treasurer Howard Rempfer's candidacy for International office on the Tom Leedham slate.
This decision follows our earlier decisions in 2000 EAD 57 and 2000 EAD 60.[1] On appeal from the decision in 2000 EAD 57, the IBT, through its retained counsel Bradley Raymond, stated that "the Election Administrator's conclusions and remedy" in 2000 EAD 57 were "calculated to achieve political, rather than remedial objectives."
As stated in 2000 EAD 60, any political bias on the part of the Election Administrator would contravene the requirement under Article I of the Rules that "[t]he Election Administrator … shall at all times discharge [his] duties and responsibilities faithfully and impartially." This obligation of impartiality also adheres by virtue of election agreement between the IBT and the United States and the Consent Decree. Lack of impartiality would be sufficient grounds for my removal as Election Administrator under the final paragraph of Article I of the Rules.
Moreover, given the history of IBT elections under the predecessor election rules, and past allegations directed against certain of my predecessors, it is important that the Election Administrator avoid even the appearance of partiality. This is precisely the reason that I scheduled a hearing to consider the allegations of political bias made by the IBT in its appeal from 2000 EAD 57.
That hearing was held on December 18, 2000. Counsel for the IBT and the TDU attended. At the hearing, counsel for the IBT introduced his letters of December 13 and 14, 2000, in which he stated that it was "not [his] intention to suggest that the IBT … believe[s] that the decision in [2000 EAD 57] was infected by partisanship or bias." Letter of Bradley Raymond dated December 13, 2000. Further, Raymond's letter stated that "neither the IBT, nor I, have any desire to have you withdraw as Election Administrator because 'of bias or other misconduct,' or for any other reasons…" Id.
In light of the IBT's submissions, the Election Administrator considers the allegations of political bias and lack of impartiality on his part to be withdrawn. However, all parties are cautioned against using language, whether inadvertent or not, which impugns the impartiality of the Office of the Election Administrator, except in cases where such party intends to allege a violation of Article I of the Rules by the Election Administrator or his staff. Absent such intent, parties should avoid language that calls into question the impartiality of the Election Administrator, lest his authority under the Rules, and his role as a neutral arbiter, be undermined.
Accordingly, this matter is deemed RESOLVED.
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, DC 20005, all within the time period prescribed above.
William A. Wertheimer, Jr.
William A. Wertheimer, Jr.
Election Administrator
cc: Kenneth Conboy
2000 EAD 65
DISTRIBUTION LIST VIA FACSIMILE AND UPS NEXT DAY AIR:
Kenneth Conboy
Election Appeals Master
Latham & Watkins
Suite 1000
885 Third Avenue
New York, NY 10022
Fax: 212.751.4864
Beth Goldman
Office of the United States Attorney for the Southern District of New York
100 Church Street
19th Floor
New York, NY 10007
Fax: 212.637.2825
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Fax: 202.624.6884
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Fax: 248.855.6501
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Fax: 248.646.1054
Barbara Harvey
645 Griswold
Penobscot Building
Suite 1800
Detroit, MI 48226
Fax: 313.963.3572
Tom Leedham c/o Stefan Ostrach
110 Mayfair Lane
Eugene, OR 97404
Fax: 541.607.4484
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Fax: 202.463.6688
Teamsters Local 439
1531 E. Fremont Street
Stockton, CA 95205
Fax: 209.948.3424
Rome A. Aloise
Teamsters Local 853
2100 Merced Street
Suite B
San Leandro, CA 94577
Fax: 510.895.6853
IBT Joint Council 7
250 Executive Park Blvd.
Suite 3100
San Francisco, CA 94134
Fax: 415.467.1022
[1] Our decision in 2000 EAD 60 withdrew our earlier decision in 2000 EAD 57. Given the ruling in this decision, the decision in 2000 EAD 57, and the appeals from that decision, are hereby reinstated.