IN RE: BENNY STEPHENSON,
Protest Decision 2001 EAD 139
Issued: February 6, 2001
OEA Case No. PR010812AT
Benny Stephenson, a member of Local 728, 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"). Stephenson alleges that Local 728 business agent Earl Parker improperly campaigned inside the local union's premises when he gave Hoffa t-shirts to delegate candidates Kathy McNeil and IBT Personal Representative Vince Hickman at the Local 728 hall after the completion of the Local 728 delegate nomination meeting.
Election Administrator representative J. Griffin Morgan investigated the protest.
Findings of Fact
Local 728 held its delegate and alternate delegate nomination meeting on January 6, 2001 at its hall in Atlanta, Georgia. After the meeting ended and while a candidate's meeting was being conducted, Parker brought two Hoffa t-shirts into the meeting room, gave one to McNeil (who is on the same delegate slate as Parker), and the other to Hickman, who had conducted the nomination meeting.
Stephenson, a candidate on an opposing slate, observed Parker. He complained to Art Wasserman, the Election Administrator's representative at the nomination meeting. Stephenson said that Parker had acted improperly because he was campaigning inside the local union hall. Wasserman instructed Parker not to do so. Parker responded that he had paid for the t-shirts with his own money, and thought he was within his rights in giving the shirts to McNeil and Hickman. However, he agreed to cease his activity.
Stephenson, Parker and Jimi Richards, a fellow candidate on Stephenson's slate and an opponent of Parker, all agree that the practice at Local 728 is to confine the distribution of campaign materials to the parking lot, and to prohibit it inside the Union's building.
We deem this protest RESOLVED. Wasserman acted immediately when Stephenson complained, and sought and obtained Parker's consent to cease what may have been an improper distribution of campaign materials inside the union hall. No further remedial action is necessary or appropriate here.
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 139
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 728
2540 Lakewood Ave. SW
Atlanta, GA 30315
J. Griffin Morgan
Elliott, Pishko, Gelbin & Morgan
500 West Fourth Street
Winston-Salem, NC 27120
Benny Stephenson
815 Pleasant Hill Road NW
Conyers, GA 30012