IN RE: EDWIN SOTO,
Protest Decision 2001 EAD 466
Issued: September 21, 2001
OEA Case No. PR091311MW
Edwin Soto, a member of Local Union 743, 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 Craftsman Custom Metal/Flextek ("CCMF") alleging that Soto had been denied the right to parking lot access granted by Article VII, Section 11(e) of the Rules.
Election Administrator representative Nancy Golen investigated the protest.
As a result of the filing of this protest, and discussions with the staff of the Election Administrator, CCMF has acknowledged and agreed to honor the right of IBT members to campaign for International officer candidates in its employee parking lot, pursuant to Article VII, Section 11(e) of the Rules and our Advisory on Limited Right of Access to Employer Premises (November 10, 2001). Based on this agreement, we deem this 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 466
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
Craftsman Custom Metal/Flextek
Tom Wirth, General Manager
3838 N. River Road
Schiller Park, IL 60176
Edwin Soto
1725 N. Keating
Chicago, IL 60639
IBT Local 743
300 S. Ashland Avenue
Chicago, IL 60607