IN RE: ANTHONY BROWN,
Protest Decision 2001 EAD 437
Issued: September 4, 2001
OEA Case No. PR062212CA
(See also Election Appeals Master decision 01 EAM 95)
Anthony Brown, a member of Local 213, filed a post-election protest pursuant to Article XIII, Section 3(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). Brown alleges that IBT Local 213, its secretary-treasurer Don McGill and its president Ray Zigmont have violated Article VII, Section 11(g) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") by commencing a defamation action against Brown in a civil court in British Columbia, in retaliation for his exercise of his rights protected by the Rules.
On August 31, 2001, Laughton & Company, on behalf of McGill and Zigmont, filed an appeal with the Election Appeals Master. On the same date, it requested a stay of the remedy ordered pending resolution of the appeal. We GRANT THE STAY pending resolution of the appeal.
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 437
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
Hoffa Unity Slate
Todd Thompson
209 Pennsylvania Ave. SE
Washington, DC 20003
Matt Ginsberg
Tom Leedham Campaign
30 Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
IBT Local 213
490 East Broadway
Vancouver, BC V5T 1X3
Canada
Bruce Laughton
Laughton & Company
Suite 1090
1090 West Georgia Street
Vancouver, BC V6E 3V7
Canada
Dwight Stewart
Miller/Thompson
Suite 1840
Howe Street
Vancouver, BC V6Z 2M1
Anthony Brown
11060 154th Street
Surrey, BC V3R 6J2
Canada
Gwen Randall, Q.C.
421 Seventh Avenue, SW
Suite 3300
Calgary, AB T2P 4K9
Canada