IN RE: WILLIAM W. HOLBROOK,
Protest Decision 2001 EAD 416
Issued: July 31, 2001
OEA Case No. PR071812WE
William Holbrook, a member of Local 206 and supporter of General President candidate Tom Leedham, 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"). Holbrook alleges that WinCo Foods ("WinCo") violated Article VII, Section 11(e) of the Rules by denying him access to an employee parking lot in Woodburn, Oregon for the purpose of campaigning.
Election Administrator representative Jason Weidenfeld investigated the protest.
The material facts are not in dispute. On July 18, 2001, Holbrook went to the WinCo Distribution Center parking lot and handed out campaign literature briefly until WinCo representatives told him that no campaigning would be allowed there. He was asked to move to the public street outside of WinCo's property, a street that serves no businesses or properties other than WinCo. Holbrook complied with the request.
After receiving Holbrook's protest and various materials relating to the access rule, Wayne Duncan, a WinCo representative, informed our office that WinCo will honor the parking lot access provided for by Article VII, Section 11(e) of the Rules. Based on this representation, we are satisfied that WinCo will permit IBT members to exercise their rights under the access provision, and we accordingly deem the protest RESOLVED.
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 (facsimile: 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 416
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 206
1860 NE 162nd Ave.
Portland, OR 97230
William W. Holbrook
16500 S. Pam Dr.
Oregon City, OR 97045
Wayne Duncan
WinCo Foods
400 S. Woodland Ave.
Woodburn, OR 97071