IN RE: ALAN RUSSELL,
Protest Decision 2001 EAD 287
Issued: March 31, 2001
OEA Case No. PR031311WE
Alan Russell, member of Local 741 and former steward at Peninsula Truck Lines ("Peninsula"), 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 he was removed from his position as shop steward because he opposed Jose Gasca, Local 741 secretary-treasurer, in the local's December 2000 officer elections.
Election Administrator representative Paige Keys investigated this protest.
Because the protestor alleges retaliation that is a consequence of his activity in Local 741's officer elections, we find that the protest is beyond our jurisdiction under the Rules and must be dismissed.
Findings of Fact
The local's executive board appointed Russell as a shop steward for Peninsula in February 2000, as a result of a petition submitted by his co-workers. In December 2000, Local 741 conducted its local union officer elections. Jose Gasca was elected secretary-treasurer. On March 9, 2001, Russell was removed from his position as shop steward.
Russell claims that Gasca advised his supporters to submit a petition to the executive board calling for his removal. However, Russell's co-worker Larry Larson stated that many members were displeased with Russell's performance as steward. Larson stated that he initiated the petition to have Russell removed and that Gasca was not involved beyond his knowledge that the Peninsula drivers were thinking about circulating one.
Analysis
The preamble to the Rules provides that "[t]he Election Administrator's authority to supervise the electoral process … is limited to the nomination and election of International Convention delegates and alternate delegates and the nomination and election of International officers. These Rules are not applicable to elections of IBT subordinate body officers."
Here, the protestor alleges misconduct only with respect to Local 741's officer elections. Thus, even if Gasca retaliated against Russell for running against him (a finding we do not make), this would not state a violation of the Rules. For this reason, this protest is DENIED.
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, N.W., 10th Floor, Washington, D.C. 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 287
DISTRIBUTION LIST (BY AIRBORNE EXPRESS):
Patrick J. Szymanski
General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
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 Rd.
Suite 1551
Bingham Farms, MI 48025
Barbara Harvey
Suite 1800
Penobscot Building
645 Griswold
Detroit, MI 48226
Tom Leedham
c/o Stefan Ostrach
110 Mayfair Lane
Eugene, OR 97404
Betty Grdina
Yablonski, Both & Edelman
Suite 800
1140 Connecticut Ave. N.W.
Washington, DC 20036
Alan Russell
1804 SW 160th Street
Burien, WA 98166
IBT Local 741
522 Denny Way
Seattle, WA 98109
Jose (Joey) Gasca
4208 S W 337th Place
Federal Way, WA 98023
Paige Keys
12523 SE 64th Place
Bellevue, WA 98006
Christine Mrak
2357 Hobart Avenue SW
Seattle, WA 98116