IN RE: ERIC JENSEN,
Protest Decision 2001 EAD 495
Issued: October 4, 2001
OEA Case No. PR092412MW
Eric Jensen, a member of Local 320, 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 Union 320. The protest alleges local officials improperly campaigned for the Hoffa slate during a seminar the local conducted for stewards.
Election Administrator representative Jeffrey Ellison investigated the protest.
Findings of Fact and Analysis
The local held a training seminar for its stewards at an area hotel on September 22, 2001. It is alleged that Mike O'Donnell, a steward, announced during the seminar that he had Hoffa campaign materials available. Our investigation, however, revealed that such matters were not discussed during the seminar sessions.
Accordingly, we DENY the protest as it is not supported by our investigative findings.
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 495
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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
Eric Jensen
4345 11th Avenue
Minneapolis, MN 55407
Local Union 320
3001 University Avenue, S.E.
Suite 500
Minneapolis, MN 55414
Patrick Kelly
Kelly & Fawcett
2350 US Bancorp
Piper Jaffrey Plaza
444 Cedar St.
St. Paul, MN 55101
Jeffrey Ellison
65 Cadillac Square
Suite 3727
Detroit, MI 48226