IN RE: TOM WAKARUK,
Protest Decision 2001 EAD 282
Issued: March 29, 2001
OEA Case No. PR021211CA
Tom Wakaruk, a member of Local Union 938 and an alternate delegate candidate on the "938 Members 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 Reimer Express Lines Ltd. Roadway Express ("Reimer") improperly interfered with distribution of campaign literature on behalf of his slate.
Election Administrator representative Gwen Randall investigated the protest.
Findings of Fact
Wakaruk received a letter dated February 6, 2001 from Reimer. It said that on February 3, 2001, Wakaruk left campaign literature on lunchroom tables at Reimer and posted the literature on the company bulletin board. The letter concluded:
Our Union bulletin board is for the exclusive use of the Union and correspondence on that board should be duly authorized by the Local and on the Local's letterhead.
Wakaruk advises that he had posted campaign material on the Union bulletin board at Reimer Express Lines Ltd. for approximately six months before receipt of the letter. The letter was received one week before the mail out of ballots for Local 938's contested election.
Upon receipt of the protest, Reimer withdrew its objection and agreed to permit IBT candidates and members to post and distribute campaign material at their premises in the manner to which it had previously objected. We accordingly 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 282
Distribution List Via UPS Next Day Air (Unless Otherwise Indicated):
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
IBT Local 938
275 Matheson Blvd. East
Mississauga, ON L4Z 1X8
Canada
Michael Goldberg
73 Harrowgate Drive
Cherry Hill, NJ 08003
Reimer Express Lines Ltd.
J.D. Cockburn
Director of Human Resources
5519 Shawson Drive
Mississauga, ON L4W 3Y2
Canada
Gwen K. Randall, Q.C.
Suite 3300, 421-7th Avenue SW
Calgary, AB T2P 4K9