IN RE: ASHLEY McNEELY,
Protest Decision 2001 EAD 458
Issued: September 19, 2001
OEA Case No. PR090411MW
(See also Election Appeals Master decision 01 EAM 91)
Ashley McNeely, a member of Local 2000, 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") against Tom Keegel, General Secretary-Treasurer of the IBT. The protest alleges that Keegel mailed a memorandum to IBT convention delegates that improperly endorsed the Hoffa Unity slate by adopting a campaign slogan of the slate.
Election Administrator representative Michael Nicholson investigated the protest.
The investigation revealed that a memorandum dated August 17, 2001 from Keegel was sent to certain IBT convention delegates, and that the memo stated in full as follows:
Enclosed you will find the picture identification badge that may be kept as a souvenir of the 2001 IBT Convention in Las Vegas.
In unity lies strength. Thank you for your support at the Convention!
The memorandum was sent to 98 convention attendees by the IBT during the third full week of August.
In light of Martinez, 2001 EAD 414 (July 27, 2001), aff'd 01 EAM 87 (August 17, 2001, corrected copy issued August 30, 2001) ("Martinez II"), and the cases cited therein, the IBT has agreed to resolve this protest by immediately mailing to each of the 98 recipients of the August 17 memorandum a further memorandum in a form already supplied to the Election Administrator indicating that the IBT does not endorse any candidate for International office. On that basis, we 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 458
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
Todd Thompson
209 Pennsylvania Ave., SE
Washington, DC 20003
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11217
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
Ashley McNeely
P.O. Box 23224
Honolulu, HI 96823