IN RE: FRANK BUDYA,
Protest Decision 2001 EAD 183
Issued: February 21, 2001
OEA Case No. PR020912ME
Frank Budya, a member of Local 507, 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 his employer Sysco Food Systems of Cleveland Inc. ("Sysco") improperly limited parking lot access rights of IBT members afforded by Article VII, Section 11(e) of the Rules
Election Administrator representative Sue Fauber investigated the protest.
Sysco has agreed to amend its parking lot access rule to comply with Article VII, Section 11(e). Accordingly, 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 183
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
Frank Budya
4700 West Point Drive
Fairview Park, OH 44146
Sysco Food Services of
Cleveland Inc.
22801 Aurora Road
Bedford Heights, OH 44146
Sue Fauber
306 Gay Street
Columbus, OH
IBT Local 507
5425 Warner Road
Unit 7
Cleveland, OH 44125
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657