IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 150
Issued: February 8, 2001
OEA Case No. PR010412MW
Katherine Kleckner, a member of Local 743, 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"). Kleckner alleges that Local 743 improperly refused to accept IBT member Corneal Slaughter's proffered dues payment on December 29, 2001, thus depriving him of eligibility to stand as a candidate for delegate.
Election Administrator representative Dennis Sarsany investigated the protest.
We DISMISS this protest as moot. In our decision in Straughter, 2001 EAD 103 (January 25, 2001), aff'd, 01 EAM 23 (February 2, 2001),we reaffirmed that Straughter's failure to timely appeal our December 29, 2000 determination that he is ineligible to stand as a candidate for delegate due to his failure to pay several months dues made that determination final. That result means that the instant protest cannot result in a remedy that will change Straughter's eligibility status.
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 150
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 743
300 S. Ashland Ave.
Chicago, IL 60607
Katherine Kleckner
5013 S. Ridgeway Avenue
Chicago, IL 60632
Julie Hamos
203 N. Wabash
Suite 1800
Chicago, IL 60601
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657