IN RE: WILLIAM SHAPPELL,
Protest Decision 2001 EAD 198
Issued: February 27, 2001
OEA Case No. PR021516ME
Willam Shappell, a member of Local Union 429, filed a post-election protest pursuant to Article XIII, Section 3(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). He alleges that Local 429 and Tom Brown, the agent retained by the local to conduct its delegate election, have violated the Rules by ordering two sets of mailing labels for the mailing of delegate election ballots.
Election Administrator representative J. Griffin Morgan investigated the protest.
We DENY the protest. Brown has 25 years experience conducting local union elections. He formerly served as a deputy in the eastern region of prior Election Officers. He informed our investigator that he orders two sets of mailing labels in order to complete election ballot mailing because he has learned from experience that some labels are destroyed in the process of printing and shipping. The second set of labels is thus available to replace any damaged labels. The application of the labels to the envelopes is an observable process, thus assuring the prevention of fraud. Brown's practice is to keep all unused labels to show to election observers at the ballot count. There is nothing improper about Brown's practice, and the protestor's claims of ballot fraud are unsupported speculation.
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 198
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
William Shappell
119 South Second Street
St. Clair, PA 17970
IBT Local 429
P.O. Box 15222
Reading, PA 19162
J. Griffin Morgan
Elliott, Pishko, Gelbin & Morgan
426 Old Salem Road
Winston-Salem, NC 27120
William B. Kane
242 Old Haymaker Road
Monroeville, PA 15146