IN RE: LAWRENCE CHURCHILL,
Protest Decision 2001 EAD 477
Issued: September 28, 2001
OEA Case No. PR091913WE
Lawrence Churchill, a member of Local 315, 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 IBT Local 70. It alleges that Local 70 failed to post at the Oakland hub of United Parcel Service ("UPS") the notice of candidate forum that our decision in 2001 EAD 428 (August 22, 2001) directed locals to "post on all worksite and union hall bulletin boards."
Election Administrator representative Michael Nicholson investigated the protest.
Churchill is a member of Local 315 and a UPS employee. He visits the UPS Oakland hub on a near daily basis. He says that the required candidate forum notices have not been posted at that location.
Business agent Marty Frates services the Oakland UPS hub for IBT Local 70. He told our investigator that he posted the required candidate forum notices at that facility on September 13, 2001, but later found that they had been removed. He further states that he reposted the notices on September 26, 2001. This would have been two business days after Local 70 received a copy of the instant protest by UPS Next Day Air.
Based on the foregoing, we deem the matter RESOLVED. Since posted notices have been removed, we direct Frates to check the Oakland hub bulletin boards every other work day to ensure the notices remain posted as required by the decision in 2001 EAD 428, supra, and to promptly repost any missing notices.
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 477
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 11271
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
Lawrence Churchill
223 Marlow Drive
Oakland, CA 94605-5821
IBT Local 70
Attn: Marty Frates
70 Hegenberger Rd.
Oakland, CA 94621