IN RE: ROBERT MASTERS,
Protest Decision 2001 EAD 182
Issued: February 21, 2001
OEA Case No. PR020615MW
Robert Masters, a member of Local 414, 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 414 violated Article VII, Section 7(a)(1) of the Rules when it offered use of its bulk mailing permit to the principal officer's delegate slate (the "Lytle Experienced slate") while denying the same to the opposition Wiedman/Royal slate. He further alleges that the Lytle slate collected excess campaign contributions, and that the Lytle slate improperly engaged in campaign conduct at a January 28, 2001 membership meeting concerning contract negotiations.
Election Administrator representative Sue Fauber investigated the protest.
1. The bulk-mailing protest allegation is without merit and is DENIED. Mail Inc., a Fort Wayne, Indiana area mailing concern, owns the bulk-mailing permit in question. That firm mailed Local 414's delegate ballots, and it was separately retained by the Lytle Experienced slate to mail its campaign literature, at the slate's own expense. According to the United States Postal Service in Fort Wayne, the same bulk mail permit was used to conduct both mailings. The protestor's claim that the bulk-mailing permit used on both mailings belongs to Local 414 is incorrect. Local 414 has no bulk mail permit.
2. The excess campaign contribution protest is also without merit and is DENIED. Our investigator determined that the Lytle slate accepted $7,000 in total contributions, with three non-member candidates contributing $1,000 each, and six candidates contributing a total of $4,000, with no single contribution exceeding $1,000. The Lytle slate contributions were within the limits established by Article XI, Section 1(b)(12)(A) and (C) of the Rules.
3. We sever Master's third allegation concerning the January 28, 2001 membership meeting for further investigation.
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 182
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 414
Attn: Walter Lytle
2644 Cass Street
Fort Wayne, Indiana 46808
Robert Masters
6307 Allenwood Drive
Fort Wayne, Indiana 46835
Sue Fauber
306 East Gay Street
Columbus, OH 43215
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657