IN RE: LORETTA DEVASIER,
Protest Decision 2001 EAD 333
Issued: May 1, 2001
OEA Case No. PR031912WE
Loretta DeVasier, a member of Local 89 and a delegate candidate on the United Rank and File 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"). DeVasier alleged that the Brown-Forman Corporation ("BF") and shop steward Bob Whitaker, an alternate delegate candidate on the Zuckerman-Washburn Unity slate, violated the Rules by denying parking lot access to members supporting the United Rank and File slate. This protest was the subject of our earlier decision in 2001 EAD 323 (April 19, 2001).
Election Administrator representative Jason Weidenfeld investigated the protest.
Since our earlier decision in this matter, further discussions between the Office of the Election Administrator and counsel for BF have resulted in an agreement to resolve this matter, with BF agreeing to honor the parking lot access rights granted to IBT members under Article VII, Section 11(e) of the Rules and to notify its employees in a manner of its own choosing of that agreement. Accordingly, the order in 2001 EAD 323 directed against BF is withdrawn, and this protest is deemed RESOLVED insofar as the claim for relief against BF is concerned.
In addition, we will not order a partial rerun of the Local 89 election based on the BF access issues that are the subject of this case. Our representative present at the ballot count at Local 89 determined by a separate tally of the BF ballots that the results of the election could not have been affected by a change in the results of the delegate election vote at BF.
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 333
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
IBT Local 89
3813 Taylor Blvd.
Louisville, KY 40215
Bob Whitaker
c/o IBT Local 89
3813 Taylor Blvd.
Louisville, KY 40215
William A. Blodgett, Jr.
Deputy General Counsel
Brown-Forman Corporation
850 Dixie Hwy.
Louisville, KY 40210
Loretta DeVasier
4004 Neagli Ct.
Louisville, KY 40229
Dale Ferguson
3504 Kamer Miller Road
New Albany, IN 47151
Avral Thompson
Campaign Manager
Zuckerman-Washburn Unity Slate
9135 Loretto Road
Loretto, KY 40034
David Thornsberry
Campaign Manager
United Rank and File Slate
10403 Truman Way
Louisville, KY 40299
Irwin H. Cutler, Jr.
Adrienne A. Berry
Segal Stewart Cutler Lindsay
Janes and Berry
1400B Waterfront Plaza
325 W. Main St.
Louisville, KY 40202
Michael J. Goldberg
73 Harrowgate Drive
Cherry Hill, NJ 08003
Nyle Mullins
Kentucky Labor Cabinet
1047 US Hwy. 127 South
Suite 4
Frankfort, KY 40601
Dennis M. Sarsany
1829 Eddy St.
Chicago, IL 60657
Bill Broberg
1108 Fincastle
Lexington, KY 40502