IN RE: EDWARD SALINAS,
Protest Decision 2001 EAD 163
Issued: February 14, 2001
OEA Case No. PR013015MW
Edward Salinas, a member of Local 705 and delegate candidate, 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"). Salinas alleges that Mike Colgan filed an eligibility protest against him and other members not on Colgan's slate that was politically motivated and constitutes harassment prohibited by the Rules.
Findings of Fact and Analysis
Salinas does not know Colgan personally, and knows only that Colgan is a business agent or local union officer at Local 705. Without specifics, he says that "they" (the people down at the local union hall) have been singling out members opposed to Salinas' slate and have been filing eligibility protests against them for the purpose of harassment. He says that he had been previously determined eligible by Bruce Boyens, the independent election officer appointed by Local 705, and that if Colgan had only asked Salinas' business agent, he would have realized that Salinas was on checkoff and was eligible to run as a candidate. He also alleges that an examination of Colgan's challenges to his fellow members' eligibility shows that those challenges were baseless.
Salinas could point to nothing specific that constituted harassment of him by Colgan, other than Colgan's eligibility protest, which we determined was meritless as to Salinas in Pluister, et al., 2001 EAD 133 (February 6, 2001). The filing of a protest that ultimately is found to be meritless is not, however, a violation the Rules. Members have the right to file and pursue protests. See Ironside, 2001 EAD 137 (February 6, 2001)
We accordingly DENY the protest.
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 163
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Patrick Szymanski
IBT General Counsel
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Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
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Korney & Heldt
30700 Telegraph Road
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Barbara Harvey
Penobscot Building
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Betty Grdina
Yablonski, Both & Edelman
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Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
IBT Local 705
Attn: Mike Colgan
1645 West Jackson Blvd.
Chicago, IL 60612
Edward Salinas
5302 South McVicker
Chicago, IL 60638