IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 187
Issued: February 22, 2001
OEA Case No. PR012912MW
Katherine Kleckner, a member of Local 743, 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"). Her protest alleges that she was improperly denied the right to "inspect a list containing the last known names of all members of the union who are to participate" in the delegate election.
Election Administrator representative Nancy Golen investigated the protest.
Findings of Fact and Analysis
Under Local 743's delegate election plan, the ballot mailing date was February 2, 2001. On January 25, 2001, Kleckner requested to inspect the membership list of the local. Julie Hamos, the local's election officer, offered Kleckner a list that had just been prepared by the local's staff at Hamos' direction. While that list was substantially similar to the list the mail house would use to mail ballots, it was not identical because of the changes in membership that occur in a local of this size over short time periods. Kleckner refused Hamos' offer and filed this protest, claiming she was entitled to inspect the list the mail house would use for ballot mailing. However, that list existed in electronic form only. At the request of the mail house, the IBT had e-mailed the list directly to the mail house to facilitate the computerized preparation of mailing labels. After the protest was filed, Hamos arranged for the mail house to return the list to the IBT, which printed a copy of the list. Kleckner and Richard Berg inspected the printed list a week after the ballots were mailed. Kleckner is not a candidate in the delegate election; Berg is.
Article VII, Section 2 of the Rules grants to each candidate "the right, once within thirty (30) days prior to the casting of ballots in any election in which he/she is a candidate, to inspect a list containing the last known names and addresses of all members of the Union who are to participate in such election."
Because Kleckner is not a candidate in Local 743's delegate election, the Rules grant her no right to inspect the membership list. Accordingly, her protest is DENIED.
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 187
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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
Local Union 743
300 S. Ashland Avenue
Chicago, IL 60607
Katherine Kleckner
5013 S. Ridgeway Avenue
Chicago, IL 60632
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657
Julie Hamos
203 N. Wabash, Suite 1800
Chicago, IL 60601
Nancy Golen
2233 W. Armitage Avenue
Chicago, IL 60647