IN RE: KEN FAULK,
Protest Decision 2001 EAD 176
Issued: February 20, 2001
OEA Case No. PR021511SO
Ken Faulk, a member of Local 19, 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"). He alleges that Local 19 violated Article IV, Section 10 of the Rules in the manner in which it responded to a request for a duplicate delegate ballot.
Election Administrator representative Dolores Hall investigated the protest.
Local 19 mailed its delegate election ballots on February 6, 2001. The ballot count date is February 27, 2001. The Notice of Election advised members not receiving a ballot by February 13 to call the local union and request a duplicate ballot. On February 15, 2001, Faulk called the local union to report that a member who had contacted Faulk had reported that he was treated rudely when he phoned to request a duplicate ballot, and told to call back later because the person who handled such requests was out. When Faulk called the local, Election Administrator adjunct Patrick Dooner was present and spoke to Faulk, assuring him that a ballot would be sent to the complaining member.
Dooner is monitoring the conduct of Local 19's election. He subsequently learned that the local had not processed eight requests for duplicate ballots. He also learned that there were over 150 returned undeliverable ballots that had not received attention, some containing new addresses provided by the post office. Dooner contacted Election Administrator Regional Director Dolores Hal1, who spoke with the head of the local's election committee. As a result, the local processed all requests for duplicate ballots, and mailed such ballots, on February 15, 2001. Likewise, the local mailed all returned undeliverable ballots that contained new address labels affixed by the post office on February 15. Local 19 is short one clerical employee who is out on medical leave. In order to process requests for duplicate ballots and undeliverable ballots, the local hired another temporary employee, who was to report today. Dooner again visited the local on February 16 and determined that it was continuing to properly process undeliverable ballots.
Faulk was advised of the above. Based on the foregoing, this protest is deemed RESOLVED.
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 176
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 19
7711 Beulah Church Road
Louisville, KY 40228
Ken Faulk
23319 Whispering Willow
Spring, TX 77373
Dolores Hall
1000 Belmont Place
New Orleans, LA 70001