Protest Decisions

IN RE: BRIAN ADAMS and REX ESPICH,
Protest Decision 2001 EAD 249
Issued: March 20, 2001
OEA Case No. PR030717SO

Brian Adams and Rex Espich, members of Local 327, 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"). They allege that Betterbilt Door and Windows violated Article VII, Section 11(e) of the Rules by denying campaign access to its employee parking lot in Smyrna, Tennessee.

Election Administrator representatives Dolores Hall investigated the protest.

On March 7, 2001, shortly before 12:30 P.M., Adams and other Local 327 members arrived at Betterbilt's Smyrna facility to distribute campaign literature in the company's employee parking lot. They were told that company policy prohibited this. The members left the property and filed this protest.

During the subsequent investigation, our investigator familiarized the company's representatives with the Rules provisions concerning parking lot campaign access. They were previously unaware of the access rights guaranteed by the Rules, and agreed that they would thereafter grant campaign access to the protestors. Based on this, we deem this protest RESOLVED.

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 15^th 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 249

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