IN RE: LINDA GRAGE,
Protest Decision 2001 EAD 210
Issued: March 2, 2001
OEA Case No. PR013012WE
Linda Grage, a member of Local 763, 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"). Grage alleges that a) Local 763 secretary-treasurer Dave Reynolds permitted Stefan Ostrach, a member of Local 206 and treasurer of the Tom Leedham Rank and File Power slate ("Leedham slate") to copy Local 763 records on union time and with union equipment, b) during a Local 763 executive board meeting Reynolds encouraged board members to go to Portland, Oregon to hear Leedham and Teamsters for a Democratic Union ("TDU") supporters speak, and c) Reynolds has used his office at Local 763 to conduct political meetings.
Election Administrator representative Christine Mrak investigated the protest.
Findings of Fact and Analysis
On January 1, 2001, Reynolds took office as Local 763's secretary-treasurer. He replaced Jon Rabine, candidate for International office on the Hoffa Unity slate. Reynolds is a long-time TDU activist and supporter of Leedham. Grage was the president of Local 763 during Rabine's administration and was defeated in the election with him, though her race was close enough to be the subject of pending protests before Joint Council 28.
Reynolds told our investigator that he asked Ostrach to assist him in the transition from Rabine's administration, and says that Ostrach downloaded computerized financial records in order to assist in the preparation of a new budget. Ostrach corroborated Reynolds' rendition of the reasons for his activity, and noted that he was qualified to assist Reynolds because of his prior experience serving as a trustee appointed by former General President Ron Carey, an international representative in the IBT's Warehouse Division, and a representative for Local 57 until it merged with Local 206, where he now works. Further, Ostrach says that he took a vacation day on January 2 and drove his own car and paid for his own gas. He says that he expects Local 763 to cover his motel and meal expense.
Reynolds further claims that the only reason he invited fellow executive board members to accompany him to Portland was to talk to Leedham about how to run a local union. He denied that any political meetings have been held in his office. Ostrach corroborates this claim, and as we discuss below, there is no contrary evidence. Finally, Reynolds denies that there has been any use of Local 763 resources for Leedham's campaign, including use of his office for political meetings.
Grage had no first hand knowledge of evidence in support of her protest allegations. At her request, our investigator spoke with Lois Hampton, the local union's office manager. She saw Ostrach at the local union's office only on January 2, 2001. She saw Ostrach print reports from Quick Books. She says he was in the boardroom where the books are kept at the end of the day, but she did not see him make any copies. After he left, she says that Ostrach called from Portland and said he forgot December's income and expense report and asked her to fax it. She asked for direction from then business representative Carla Kiiskola, who instructed her to comply with the request because "he's here to help us." Hampton claims that there are some bank statements and trustee reports are missing from the local union, but she does not know who has them. She said that she had no evidence of Reynolds using the union office for political purposes.
At Grage's request, our investigator spoke with Bob Lovely, a Local 763 executive board member. Lovely corroborated Reynolds' claim that no political meetings have been held at the local union office. He also agreed with Reynolds that the executive board discussion about the Leedham meeting in Portland concerned training in how to run a local union.
Based upon the foregoing, we DENY the protest because the evidence adduced by our investigation does not support the allegations made.
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 210
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
Linda Grage
14447 SE 296th Street
Kent, WA 98042
IBT Local 763
553 John Street
Seattle, WA 98109
Christine Mrak
2357 Hobart Avenue SW
Seattle, WA 98116