IN RE: JOHN HULL,
Protest Decision 2001 EAD 166
Issued: February 14, 2001
OEA Case No. PR020212CA
John Hull, a member of Local 938 and candidate on the "938 Members slate" in that local, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules of the 2000 - 2001 IBT International Union Delegate and Officer Election ("Rules") against Ray Bartolotti, president of Local 938 and candidate on the "Hoffa Canadian Unity slate" in Local 938. We issued our decision finding merit to the protest and ordering relief in Hull, 2001 EAD 153 (February 10, 2001).
Today, Bartolotti appealed that decision. The Election Appeals Master has tentatively scheduled a hearing on the appeal for Friday, February 16, 2001. The remedy ordered in 2001 EAD 153 ordered Bartolotti to take certain affirmative steps, set forth as paragraphs 1 through 4 of the order.
We stay, sua sponte, the above-referenced portion of our order until 11:59 p.m., Thursday, February 22, 2001, and modify the order as set forth below. We also order that the mailing of ballots in the Local 938 delegate election be postponed from February 20, 2001 until February 27, 2001, in order to preserve any meaningful remedial impact for the order set forth in paragraphs 1 through 4 referenced above, if affirmed by the Election Appeals Master. This postponement also necessitates that we postpone the date for the counting of ballots in the election from March 13, 2001 until March 20, 2001. We also order that copies of this decision be posted by Local 938 on each union bulletin board at each worksite that employs Local 938 members, in order that these members may be properly informed of these date adjustments. This posting shall be completed by 5:00 p.m., February 20, 2001.
Accordingly, consistent with the above, we modify numbered paragraphs 1 through 4 of the remedial order in 2001 EAD 153 to read as follows:
1. Bartolotti shall reimburse the insurance company and/or broker the full cost of the mailing by February 23, 2001, and provide proof of payment to the Election Administrator that day, with an itemized breakdown of the elements of the reimbursement.
2. Bartolotti shall reimburse the local union for the cost of production of the mailing list provided by it for the mailing by February 23, 2001, and provide proof of payment to the Election Administrator that day, with an itemized breakdown of the elements of the reimbursement.
3. Bartolotti shall pay the full cost for a one-page mailing of campaign literature by the opposing 938 Members slate and by any independent candidates in the Local 938 delegate election, with such mailing to be conducted, if requested, by February 23, 2001.
4. Bartolotti shall pay to the Election Administrator the full cost of the Election Administrator's mailing of a letter to all members of Local 938 from the Election Administrator in the form of Exhibit A attached to the decision in 2001 EAD 153. The Election Administrator shall complete this mailing by February 23, 2001.
Paragraphs 5 and 6 of our order in 2001 EAD 153 remain in effect and are not stayed. They provide:
5. Bartolotti shall cease and desist from any further Rules violation.
6. Our order in Mazak, 2001 EAD 104 (January 25, 2001), remains in effect.
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 (via fax: 212.751.4864)
2001 EAD 166
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Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Fax: 202.624.6884
Bradley T. Raymond
Finkel, Whitefield, Selik,
Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
Fax: 248.855.6501
J. Douglas Korney
Korney & Heldt
30700 Telegraph Road
Suite 1551
Bingham Farms, MI 48025
Fax: 248.646.1054
Barbara Harvey
Penobscot Building
Suite 1800
645 Griswold
Detroit, MI 48226
Fax: 313.963.3572
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. NW
Washington, D.C. 20036
Fax: 202.463.6688
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Fax: 541.607.4484
IBT Local 938
Attn: Ray Bartolotti
275 Matheson Blvd. East
Mississauga, ON
Canada L4Z 1X8
Fax: 905.502.0076
John Hull
3231 Eglinton Ave. East
Suite 1705
Scarborough, ON
Canada MIJ 3N5
Joe Pansino
Traders General Insurance Co.
2206 Eglinton Avenue East
11th Floor
Scarborough, ON M1L 4S8
Gwen Randall, Q.C.
Suite 3300
421 7th Avenue SW
Calgary, AB
Canada T2P 4K9
Fax: 403.260.3501
Cynthia D. Watson
3555 Lakeshore Blvd. West
Toronto, ON
Canada M8W 1P4
Fax: 416.253.7660
Michael Goldberg
73 Harrowgate Drive
Cherry Hill, NJ 08003
Fax: 302.477.2255