IN RE: DONALD PETRITES,
Protest Decision 2001 EAD 83
Issued: January 19, 2000
OEA Case No. PR010811ME
Donald Petrites, a member of Local 115, 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"). The protestor alleges that an anonymous phone call was placed to his home on January 4, 2001, during which the caller warned him of retaliation by Local 115 business agent Jimmy Smith.
Election Administrator representative Bill Kane investigated the protest.
Findings of Fact and Analysis
We credit Petrites' version of the event alleged in his protest in the absence of any contrary evidence and based upon his response to this event. Thus, Petrites received a phone call at his residence on January 4, 2001 at 7:52 p.m. Petrites' telephone number is unlisted. His caller ID identified the call as coming from telephone number "969-1069 Palermos Mobile." Petrites is unfamiliar with the phone number or the name "Palermos." Our investigation revealed that there are two phone numbers in the Philadelphia area listed under the name of "Palermos." Both are pizzerias in New Jersey. Neither has the number "969-1069" and the staff of each restaurant states that they do not have a mobile phone. Thus, neither Petrites nor our investigator could identify the source of the anonymous phone call.
The anonymous caller told Petrites that Local 115 business agent and delegate candidate Jimmy Smith "is trying to take you in front of Joint Council 53, trying to have you removed from the Teamsters, or to get you another way. Watch your back." Petrites asked the caller to identify himself. He answered, "I'm calling as a friend." Petrites said that if he were calling as a friend, he would identify himself. The caller replied, "You don't deserve what Jimmy is trying to do to you." The caller then hung up.
Petrites called Kane that evening. Kane told him that he could file a protest, and that he should call the police. He did so, and an officer came to his home that evening. She took a report. Petrites also unsuccessfully attempted to have the call traced. He suspects, but cannot show, that his unlisted phone number was obtained from Local 115 phone records by one of his political adversaries in the local.
Upon the advice of a TDU representative that Petrites called, he filed the instant protest to create a "paper trail."
Smith told our investigator that he knows Petrites because he has represented him in collective bargaining matters, but that he has no personal relationship with him. He also denies any knowledge of the anonymous phone call itself, and denies either making the call or having someone else do so. He further states that he has no plans to bring internal union charges against Petrites. Smith complains that TDU's advice to file the instant protest despite the absence of evidence linking the anonymous call to him is malicious.
There is no evidence that the anonymous call made to the Petrites residence on January 4, 2001 came from or is in any way associated with Smith. In fact, Petrites speculated that the call might have been made by political adversaries of Smith in Local 115. Because there is no evidence linking the call to any person or to the Local 115 delegate election, the protest must be DENIED.
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, 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
2001 EAD 83
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
Eugene, OR 97404
Donald Petrites
4723 Vista Street
Philadelphia, PA 19136
IBT Local 115
2833 Cottman Avenue
Philadelphia, PA 19149