IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 262
Issued: March 26, 2001
OEA Case No. PR032611MW
Katherine Kleckner, a member of Local Union 743, 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"). This protest was not filed with the Election Administrator's office in Washington, D.C., and was thus not docketed. We designate the protest with the above case number and decide it on the merits here, without reference to the filing error. The protest alleges that Louise Sullivan, a business agent, campaigned on time paid for by the union.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
On February 8, 2001, the protestor observed Louise Sullivan distributing campaign literature at the University of Chicago. When asked if she was on vacation that day, Sullivan did not respond. This protest followed.
Sullivan supplied our investigator with proof that she was on vacation for the week of February 5 through 9.
Article VII, Section 11(b) expressly permits campaigning by union officials on paid vacation time. Accordingly, we DENY this 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 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 (facsimile: 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 262
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
Katherine H. Kleckner
5013 S. Ridgeway Avenue
Chicago, IL 60632
IBT Local 743
300 S. Ashland Avenue
Chicago, IL 60607
Dennis M. Sarsany
1829 Eddy Street
Chicago, IL 60657
Julie Hamos
203 N. Wabash, Suite 1800
Chicago, IL 60601