Protest Decisions

IN RE: GARY GREGORY
Protest Decision 2001 EAD 191
Issued: February 23, 2001
OEA Case No. PR010911MW

Gary Gregory, a Local 135 member, 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"). Gregory alleges that Local 135 requires its officers and business agents to contribute into a fund used to defray delegate election campaign expenses by means of regular payroll check deductions. Gregory alleges a violation of Article VII, Section 11(a) of the Rules.

Election Administrator representative Dennis Sarsany investigated this protest.

On February 20, 2001, we issued our decision in 2001 EAD 173 denying the protest. In light of further evidence concerning this protest that we now determine must be considered, we WITHDRAW our decision in 2001 EAD 173 and will further investigate the protest.

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 that 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 the parties listed above, as

well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street N.W., Tenth Floor, Washington, D.C. 20005, facsimile (202) 454-1501, 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 191

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