Protest Decisions

IN RE: GARY GREGORY,
Protest Decision 2001 EAD 320
Issued April 18, 2001
OEA Case No. PR010911MW

Gary Gregory, a Local 135 member, 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"). Gregory alleges that Local 135 requires its officers and business agents to contribute into a fund used to defray delegate election campaign expenses by means of regular payroll check deductions. Gregory alleges a violation of Article VII, Section 11(a) of the Rules.

Election Administrator representative Dennis Sarsany investigated this protest.

On February 20, 2001, we issued our decision in 2001 EAD 173 denying the protest. In 2001 EAD 191 (February 23, 2001) we withdrew the decision in 2001 EAD 173 for further investigation of the protest. We have completed that investigation, after reviewing the financial records of numerous officers and staff of Local 135, as well as campaign contribution records. Based on this examination, we find that the protest allegations have not been substantiated, and accordingly reinstate our DENIAL of 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 that 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 the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street N.W., Tenth 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 320

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