IN RE: KEN WENHAM,
Protest Decision 2001 EAD 298
Issued: April 9, 2001
OEA Case No. PR022111WE
Ken Wenham, a member of Local 690, 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 Local 690 president Val Holstrom and vice-president Bob Holman improperly campaigned inside a UPS facility in Spokane, Washington.
Election Administrator representative Paige Keys investigated the protest.
Findings of Fact and Analysis
Holstrom and Holman car-pooled to a Local 690 meeting in Pasco, Washington on February 15, 2001. Holman left his truck in the UPS Spokane parking lot. When the two returned to the parking lot after the meeting, Holman told Holstrom that he was going inside the facility to get his paycheck. He was not on the clock. He asked Holstrom if he wanted to come inside and have a look. Holstrom agreed, and Holman signed him in as entering the facility on union business.
According to Holstrom and Holman, they did not engage in any campaign activity in the building. They also claim that they wore no campaign insignia. Several employee witnesses corroborated these claims, and failed to corroborate the claim of a witness provided by the protestor who alleges that other UPS Spokane employees told her that Holstrom and Holman campaigned inside the Spokane facility on February 15. The protestor failed to present any evidence that either Holman or Holstrom did so. Due to this insufficiency of evidence, we DENY the 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 (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 298
DISTRIBUTION LIST (BY AIRBORNE EXPRESS):
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
Val Holstrom
Bob Holman
IBT Local 690
1912 North Division Street
LL #103
Spokane, WA 99207
Ken Wenham
723 E. Sinto
Spokane, WA 99202
Lindsay Marshall
UPS, Inc. Legal Department
55 Glenlake Pkwy. NE
Atlanta, GA 30328
Gary Tocci
Kim Kaplan
Schnader, Harrison, Segal & Lewis
Suite 3600
1600 Market St.
Philadelphia, PA 19103