IN RE: RICK MAZAK,
Protest Decision 2001 EAD 518
Issued: October 22, 2001
OEA Case No. PR100512CA
Rick Mazak, 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"). Mazak alleges that Ray Hill, Bob Munro, and John Munro campaigned for IBT General President candidate James P. Hoffa on union time or work time.
Election Administrator representative Gwen Randall investigated the protest.
Findings of Fact and Analysis
On October 3, 2001, Hill, Bob Munro and his brother John Munro campaigned at Allied Systems' Lambeth, Ontario facility. The protestor claims that the campaigners arrived at 3:00 p.m., which "suggests" that they campaigned while on the union payroll. Mazak was not at the facility at 3:00 p.m. but informed our representative that Norbert Tisler was at the facility and could corroborate the claim. Tisler said that the campaigners arrived between 3:30 p.m. and 4:00 p.m. because they were in the lot when he arrived at around 4:00 p.m.
The campaigners assert that they arrived later than Mazak's protest alleges and that they did not campaign while on union-paid time or employer-paid time. Hill said that he took vacation on October 3. Bob Munro indicated that his workday at Allied Systems' Windsor facility ended at 2:00 p.m. and has provided logs to substantiate his position. John Munro states that he attended a Teamsters Canada small package seminar in Niagara Falls from September 30 through October 2. On October 3, he went to a grievance hearing in St. Catharine, near Niagara Falls, until 1:00 p.m. Afterwards, he started the four-hour drive towards home because his official union business was done for the day. On his route home, he says he stopped at the Lambeth facility at around 4:40 p.m. to campaign. Steward Derek Jensen saw the campaigners and estimated that Bob and John Munro arrived around 4:30 p.m. or 4:45 p.m.
The protestor has provided insufficient evidence of campaigning during union-paid or employer-paid time. Accordingly, we DENY the protest.
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 518
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 Lane
Eugene, OR 97404
Todd Thompson
209 Pennsylvania Ave., SE
Washington, DC 20003
Matt Ginsburg
P.O Box 6678
Arlington, VA 22206
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
Rick Mazak
40075 Longhurst Line
RR #7
St. Thomas, ON N5P 3T2
Canada
IBT Local 938
275 Matheson Blvd. East
Mississauga, ON L4Z 1X8
Canada
John Munro
IBT Local 880
6566 Hawthorne Dr.
Windsor, ON N8T 1J9
Canada
Bob Munro
232 Greenwood Crescent
Emeryville, ON N0R 1A0
Canada
Allied Systems
Attn: Thomas Duffy
160 Claremont Avenue
Suite 600
Decatur, GA 30030
Allied Systems
Human Resource Manager
6151 Colonel Talbot Road
London, ON N6P 1J2
Canada
Gwen Randall
421 Seventh Ave., SW
Calgary, AB T2P 4K9
Canada