IN RE: DAVE RASO,
Protest Decision 2001 EAD 345
Issued: May 4, 2001
OEA Case No. PR020816CA
Dave Raso, member of Local Union 938 and candidate for delegate, 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 Purolator Courier impermissibly interfered with his slate's rights to post campaign literature. We deferred this protest for post-election consideration pursuant to Article XIII, Section 3(b) of the Rules.
Election Administrator representative Gwen Randall investigated the protest.
Findings of Fact and Analysis
Raso, candidate on the 938 Members slate, alleges Purolator removed his slate's postings from a bulletin board at its Downsview facility while allowing literature of the opposing slate to remain. Purolator admits enforcing its policy barring campaign postings, but asserts it did so against both slates without discrimination.
Each candidate for delegate and alternate delegate on the 938 Members slate was elected. Thus, even if Purolator violated the Rules, its conduct did not affect the outcome of the election. Accordingly, we DENY this protest. However, we note that Purolator's conduct continues to be governed by the Rules, including the requirement that it refrain from any conduct that improperly discriminates between candidates for International office or interferes with members' pre-existing rights to post campaign material on bulletin boards. See Article VII, Section 11(f).
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 345
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
Dave Raso
3293 Aubrey Road
Mississauga, ON L5L 5C9
John Hull
3231 Eglinton Avenue East
Apt. 1705
Toronto, ON M1J 3N5
Canada
IBT Local 938
275 Matheson Blvd. West
Mississauga, ON L4Z 1X8
Canada
Ray Bartolotti
c/o Watson Kucey
Labour Lawyers
3555 Lakeshore Blvd. West
Toronto, ON M8W 1P4
Canada
Ray Bartolotti
63 Centennial Parkway South
Stoney Creek, ON L8G 6T1
Canada
Michael J. Goldberg
73 Harrowgate Drive
Cherry Hill, NJ 08003
Purolator Courier, Ltd.
Legal Department
5995 Avebury Road
Mississauga, ON L5R 3T8
Canada
Gwen Randall
421 Seventh Avenue, SW
Suite 3300
Calgary, AB T2P 4K9