IN RE: RAY BARTOLOTTI,
Protest Decision 2001 EAD 154
Issued: February 10, 2001
OEA Case No. PR012411CA
Ray Bartolotti, the president and a member of Local 938, 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"). Bartolotti alleges that Larry Barnett and John Hull, members of Local 938, intimidated, harassed and verbally abused Local 938 member Gary MacKay at a delegate nomination meeting held on January 14, 2001. The protest was dated January 14, 2001, but was not received by the Office of the Election Administrator until January 24, 2001.
Election Administrator representative Gwen Randall investigated the protest.
Findings of Fact and Analysis
Article XIII, Section 2(b) of the Rules provides that pre-election protests must be filed within 2 (two) working days of the day when the protestor became aware or reasonably should have become aware of the action protested or such protest shall be waived. Article VII, Section 11(g) provides that retaliation or threat of retaliation by any member of the IBT against a union member for exercising any right guaranteed by the Rules is prohibited.
Bartolotti is a member of the "Hoffa Canadian Unity slate" and is a candidate for the position of delegate under the Rules. John Hull and Larry Barnett are delegate candidates on the opposing "938 Members slate." The 938 Members slate was nominated at the local's second nomination meeting held at Local 938 on January 14, 2001. MacKay, an independent candidate, was also nominated at that meeting. The Hoffa Canadian Unity slate was nominated at the Local's first nomination meeting held on January 7, 2001.
Election Administrator Regional Director Randall chaired the Local 938 nomination meeting held on January 14, 2001. After the meeting adjourned, and before the candidates' meeting began, Barnett and MacKay had a conversation. A number of candidates for both slates were clustered near the front of the meeting room. Barnett (who works in the same location as MacKay) asked MacKay why he had not told Barnett that he intended to run for election, saying he would have allowed MacKay to run in his place on the 938 Members slate. MacKay responded that he had told Barnett on the previous Friday that he intended to run. Barnett replied that MacKay had not told him this and that he was unaware that MacKay wished to run until he was nominated at the meeting. MacKay then went to the back of the room and conversed with Bartolotti.
Although Hull was present when the exchange took place between Barnett and MacKay, Hull did not take part. MacKay told our investigator that a second conversation took place between himself and Barnett at the nomination meeting and that Barnett said that if MacKay ran, it would take away votes from Barnett's slate. MacKay replied that Barnett could not tell him what to do. In response to a direct question from our investigator, MacKay admitted that he did not feel threatened or intimidated by Barnett, and that he had not considered filing a protest himself. MacKay is a Hoffa supporter but said he is not involved in the political rift in Local 938, as more particularly described in McPherson, 2000 EAD 33 (October 6, 2000).
The events of which Bartolotti complains took place on January 14. Yet he failed to file the instant protest until January 24. 2001. It is untimely and no good cause or other prudential basis justifies the delay. We accordingly, DENY the protest as untimely.
There is also no violation of the Rules here on the merits. MacKay, the member of Local 938 who was allegedly harassed, did not file a protest, nor did MacKay advise the Election Administrator representative at the nominations meeting that he was being harassed. While voices were raised by both Barnett and MacKay during their exchange, the flare-up was momentary and all parties then participated without incident in the candidates' meeting held immediately following the January 14 nomination meeting. We conclude that the conversations between Barnett and Mackay did not constitute harassment or intimidation of MacKay, and the protest is also DENIED on the merits.
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 154
DISTRIBUTION LIST VIA AIRBORNE EXPRESS:
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 938
Attn: Ray Bartolotti
275 Matheson Blvd. East
Mississauga, ON
Canada L4Z 1X8
Larry Barnett
3157 Oakview Road
Mississauga, ON
Canada L5N 7N8
John Hull
3231 Eglinton Ave. East
Suite 1705
Scarborough, ON
Canada MIJ 3N5
Gwen Randall, Q.C.
Suite 3300
421 7th Avenue SW
Calgary, AB
Canada T2P 4K9