IN RE: WAYNE MASLEN,
Protest Decision 2001 EAD 482
Issued: October 1, 2001
OEA Case No. PR092011CA
Wayne Maslen, a member of Local 938 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 the Tom Leedham Rank & File Power slate ("Leedham slate"). He alleges that Leedham slate candidates "illegally campaigned in the Ontario area … [d]uring the week of September 10th …" Maslen identifies five employer facilities where the candidates made campaign stops. He fails to identify any specifics in support of his claim that the stops were "illegal."
Election Administrator representative Gwen Randall investigated the protest. She repeatedly tried to obtain evidence from Maslen in support of his protest. Since he failed to respond to her communications and thus failed to cooperate with our investigation, we DENY this protest pursuant to Article XIII, Section 2(g) of the Rules.
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 482
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
Wayne Maslen
IBT Local 938
275 Matheson Blvd. East
Mississauga, ON L4Z 1X8
Canada
IBT Local 938
275 Matheson Blvd. East
Mississauga, ON L4Z 1X8
Canada
Allied Systems
Human Resource Manager
P.O. Box 100
County Rd. 11 & Highway 4
Talbotville
St. Thomas, ON, N0L 2K0
Canada
Armbro Transport Ltd.
Human Resource Manager
6050 Dixie Road North
Mississauga, ON L5A 1T6
Canada
Gen-Auto Shippers Ltd.
Human Resource Manager
1150 Stephenson Road South
Oakville, ON L6L 6M1
Canada
Reimer Express Lines
Human Resource Manager
5919 Shawson Drive
Mississauga., ON L4W 3Y2
Canada
TST Overland Express
Human Resource Manager
5200 Maingate Road
Mississauga, ON L4W 1G5
Canada
John Hull
3231 Eglinton Avenue East
#1705
Scarborough, ON M1J 3N5
Canada
Gwen Randall Q.C.
421 Seventh Avenue, SW
Suite 3300
Calgary, AB T2P 4K9
Canada