IN RE: DIANA KILMURY,
Protest Decision 2001 EAD 396
Issued: June 27, 2001
OEA Case No. PR062611NA
Diana Kilmury, a member of Local 155 and International officer candidate on the Tom Leedham Rank and File Power slate (the "Leedham 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"). She alleges that the IBT's sergeants-at-arms interfered with campaign activity by members of the Leedham slate in an area adjacent to the convention hall.
Election Administrator representative Michael Nicholson investigated the protest.
The protest is RESOLVED. After discussions between Nicholson, Kilmury and representatives of the IBT's Sergeant-at-arms staff, an arrangement for placement of sergeants-at-arms in the hallway outside the convention hall in the Bally's Paris convention center has been agreed to. This placement will meet the legitimate need for order in this area, while at the same time allowing Leedham slate supporters, as well as Hoffa slate supporters (who maintain a campaign table adjacent to the Leedham table), to reach delegates entering and leaving the convention hall.
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 396
DISTRIBUTION LIST VIA HAND DELIVERY:
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
Diana Kilmury
2612 East 47 Avenue
Vancouver, BC V5S 1C1