IN RE: KATHERINE KLECKNER,
Protest Decision 2001 EAD 263
Issued: March 26, 2001
OEA Case No. PR013111MW
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"). She alleges University of Chicago ("UC") supervisors directed members to remove campaign buttons in violation of the Rules.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
On January 30, 2001, three UC supervisors ordered members to remove campaign buttons pursuant to the employer's dress and appearance policy. That policy directs that "[j]ewelry/accessories, including earrings, must be conservative and should not present a safety risk/problem." The policy does not expressly prohibit pins or buttons, and the employer permitted campaign buttons during previous union elections. The employer conceded to our investigator that supervision acted without authority in ordering buttons removed and agreed not to ban campaign buttons during the balance of the election period.
Based on the employer's representations, 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 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 263
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
University of Chicago Hospitals
Attn: Andy Wissel
5841 South Maryland Avenue
Chicago, IL 60637
Julie Hamos
203 North Wabash
Suite 1800
Chicago, IL 60601
Dennis M. Sarsany
1829 Eddy Street
Chicago, IL 60657