IN RE: TIM BUBAN,
Protest Decision 2001 EAD 244
Issued: March 20, 2001
OEA Case No. PR022012MW
Tim Buban, a member of Local 200 and delegate candidate on the Tom Leedham Delegate slate, 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 Local 200 improperly selected a third party to conduct its lottery for ballot placement and that James DeHaan, the third party chosen to conduct the nomination and election process, or his appointee should have conducted the lottery.
Election Administrator representative Laurie Schwefel investigated the protest.
Findings of Fact and Analysis
DeHaan, who lives in Michigan, conducted Local 200's nomination meeting in Milwaukee, Wisconsin on February 13, 2001. On that day, Frank Busalacchi, Local 200's secretary-treasurer and a delegate candidate on the Members United Delegate slate, invoked Article VIII, Section 1(c) of the Rules, which permits candidates to form or add members to slates until three days after the nomination meeting. The date set for the ballot placement lottery was February 16, 2001. DeHaan decided that he would not return for the "simple task of selecting three pieces of paper out of a hat."
On February 14, 2001, Busalacchi sent an overnight letter to Buban, informing him that the lottery would be held at 5:00 p.m. on February 16, 2001 at the Local 200 Union Office. The letter did not state who would conduct the lottery. Bruce Trojack, a nonmember of Local 200 who was not appointed by DeHaan, conducted the lottery at the planned time and location. Buban does not allege that Trojack conducted the lottery unfairly.
It is clear from Local 200's Local Union Plan that Local 200 intended that DeHaan conduct the delegate and alternate delegate nomination process. Although a discrete task, conducting a lottery for ballot placement is part of that process. We, therefore, GRANT the protest.
When the Election Administrator determines that the Rules have been violated, he "may take whatever remedial action is appropriate." Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator views the nature and seriousness of the violation as well as its potential for interfering with the election process.
Buban does not allege that the ballot lottery was unfair, only that DeHaan or his appointee should have conducted it. Therefore, we direct that in future instances DeHaan appoint a representative to oversee portions of the nomination and election process when he is unavailable to do so personally.
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 (fax: 202-454-1501), all within the time 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 244
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
Tim Buban
4220 S. Katherine Dr.
New Berlin, WI 53151
IBT Local 200
Attn: Frank Busalacchi
6200 W. Bluemound Rd.
Milwaukee, WI 53213
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657
James DeHaan
448 Maincentre
Northville, MI 48167