IN RE: THOMAS JONES,
Protest Decision 2001 EAD 92
Issued: January 23, 2001
OEA Case No. PR120501ME
Thomas Jones, 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 Local 115 member William Dickson, Sr. assaulted him with a motor vehicle on November 24, 2000 in retaliation for his failure to support Local 115 president James Smith, Jr. in local union affairs, including Smith's delegate candidacy.
Election Administrator representatives William B. Kane and William W. Thompson II investigated the protest.
Findings of Fact and Analysis
Smith is Local 115's president and a candidate for delegate to the 2001 IBT convention. Jones is a vocal opponent of Smith.
Jones claims that on November 27, 2000, he left work at the University of Pennsylvania at 3:30 p.m. Five minutes later, at the corner of 34th and Chestnut St. in Philadelphia, Jones was attempting to cross the street against the red light when he says a dark blue Chrysler approached from the east at about 40 miles per hour and veered in his direction, causing Jones to back up. He says that when the car passed, he noticed that it was driven by Local 115 member and Smith supporter William Dickson, Sr., and that Local 115 members William Dickson, Jr., Debbie Zampitella and Augustine Zampitella were also in the car. (The Zampitellas are married.) Jones says that when the car passed he saw Augustine Zampitella was in the front seat next to Dickson, Sr., and noticed that the Dicksons and the Zampitellas were all laughing hysterically. Jones filed a police report. A witness provided by Jones to these events did not corroborate him, other than to say that on November 27 he saw Jones yelling at a car that had already passed him at the corner of 34th and Chestnut.
Dickson, Sr. denied the incident. He says he has little contact with Jones, that they work blocks apart on the University of Pennsylvania campus, and do not use the same time clock. (Jones agrees.) Dickson, Sr. drives a Chrysler, but it is gray. He also says that it is impossible to drive a vehicle at 40 miles per hour on the street in question in Philadelphia at 3:30 p.m. because of the heavy traffic. He further stated that Augustine Zampitella was not at work on November 27, and thus did not drive with Dickson. He admits, however, that he has seen Jones at the corner of 34th and Chestnut, since he drives past that corner every day on his way home from work. Debbie Zampitella corroborated Dickson, Sr.'s claims, including the absence of her husband from work on November 27.
We do not credit Jones description of the events of November 27, given the corroborated denial of Dickson, Sr. and the failure of Jones' witness to corroborate his testimony. Even if we were to credit Jones, however, we would still dismiss this protest since there is no evidence that Dickson, Sr.'s alleged behavior relates in any way to the 2001 IBT delegate election at Local 115. Absent such evidence, the Rules are simply not implicated here.
Accordingly, the protest is 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 92
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
Thomas Jones
6451 Oxford Ave.
C-307
Philadelphia, PA 19111
William Dickson
4523 Edgemont St.
Philadelphia, PA 19137
IBT Local 115
2833 Cottman Avenue
Philadelphia, PA 19149