IN RE: J. ROBERT BURGER,
Protest Decision 2001 EAD 126
Issued: February 2, 2001
OEA Case No. PR010912MW
J. Robert Burger, a member of Local 120, 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"). Burger alleges that he and other members of Local 120 did not receive the October-November edition of the Teamster magazine and were, therefore, not able to review the candidate "battle pages" of campaign material as provided for under the Rules. The protestor also claims that he and his fellow members did not receive the December issue of the magazine.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
Our investigation revealed that approximately 39,000 members of thirteen IBT local unions in Minnesota, including Local 120, were not sent the two issues of the Teamster magazine mentioned in the protest.
IBT information systems department director Baker Killam explained that the reason for this error was a changeover in its TITAN computer system that affected the thirteen local unions, which were the first shifted to the new system as a test of its performance. Once this error was discovered, IBT Secretary-Treasurer Tom Keegel ordered additional copies of the magazine issues printed and mailed to the 39,000 members, along with an explanatory letter. Such mailing is to occur imminently.
Article VII, Section 10 of the Rules provides for publication of campaign materials by each accredited candidate in the October 2000 issue of the Teamster magazine, as well as certain other issues. These issues are to be sent to each member of the IBT in a timely fashion, in order that the intent of the Rules provision be effectuated.
The error here was unintentional, however, and the IBT took prompt corrective action upon discovery. Further, the computer problem that led to the error has now been corrected and we find that no further remedy is necessary. Accordingly, we deem this protest 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, 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 126
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
IBT Local 120
2635 University Ave. West
Suite 120
St. Paul, MN 55114
J. Robert Burger
2914 East 25th Street
Minneapolis, MN 55406