IN RE: RICK FYVIE,
Protest Decision 2001 EAD 497
Issued: October 5, 2001
OEA Case No. PR091712CA
Rick Fyvie, a member and vice-president of Local Union 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 Larry Barnett, a supporter of the Tom Leedham Rank & File Power slate (the "Leedham slate"). He alleges campaign activity by Barnett in violation of Article VII, Section 11 of the Rules. This protest was the subject of our earlier decision in 2001 EAD 489 (October 3, 2001), which is modified by this decision.
In our earlier decision, we found that Leedham slate supporter Barnett improperly posted campaign stickers on the Local 938 office building in Thunder Bay, Ontario on September 15, 2001, so that they were visible while members arrived to attend a union meeting.
Barnett acknowledges that he applied Leedham stickers on the outside of the Local 938 office building. It is also undisputed that they were removed shortly thereafter. We mistakenly found, however, that the union meeting was held at the local union hall, so that the stickers were visible to attendees of the meeting. In fact, the local union meeting was held at another location some distance from the local union office, which was closed while the stickers were posted.
We adhere to our decision to GRANT the protest, as Barnett's posting of campaign materials on a local union hall violates Article VII, Section 11(c) and Article XI, Section 1(b)(6) of the Rules.
However, we modify our remedy by removing the requirement that the Leedham slate shall mail at its own expense a copy of the Notice attached to 2001 EAD 489 to all Local 938 members who attended the September 15 meeting. We do so because those members were not exposed to the campaign stickers improperly displayed on Local 938's building.
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 497
DISTRIBUTION LIST VIA UPS NEXT DAY AIR AND FAX (as indicated):
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
IBT Local 938
275 Matheson Blvd. East
Mississauga, ON L4Z 1X8
Canada
Fax: 905.502.0076
Rick Fyvie
601 Galahad Drive
Oshawa, ON L1K 1L9
Canada
Larry Barnett
3157 Oakview Road
Mississauga, ON L5N 7N8
Canada
Fax: 416.261.4424
Gwen Randall, Q.C.
421 Seventh Ave. SW
Calgary, AB T2P 4K9
Canada