IN RE: TIM BUBAN and TOM KEMPINSKI,
Protest Decision 2001 EAD 459
Issued: September 19, 2001
OEA Case No. PR081611MW
Tim Buban and Tom Kempinski, members of Local 200, 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 Local 200. They allege that the local union failed to pay pension and health and welfare payments on behalf of Local 200 delegates and alternate delegates to the IBT Convention in June 2001, in violation of the April 19, 2001 advisory on convention expenses.
Election Administrator representative Lois Tuttle investigated the protest.
We DENY the protest. Our investigation revealed that Local 200 has paid health and welfare and pension contributions on behalf of all its representatives to the Convention, with the exception of one individual's health and welfare benefits which were her responsibility under the employment terms negotiated with her employer. Such payment is not required because the employee was not made to bear these expenses because of her convention attendance. She suffered no reimbursable loss, unlike her fellow convention attendees.
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 459
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, Texas 75207
IBT Local 200
P.O. Box 2073
Milwaukee, WI 53201
Tim Buban
4220 S. Katherine Dr.
New Berlin, WI 53151
Tom Kempinski
W209N11065 Springhill Lane
Germantown, WI 53022
Scott Soldon
Previant, Goldberg, Uelmen,
Gratz, Miller & Brueggeman
1555 North Rivercenter Drive
Suite 202
Milwaukee, WI 53212