IN RE: JOHN J. CANTWELL,
Protest Decision 2001 EAD 524
Issued: October 23, 2001
OEA Case No. PR101814NE
John J. Cantwell, secretary-treasurer of Local 118 and supporter of General President candidate James P. Hoffa, 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"). Cantwell alleges that United Parcel Service ("UPS") violated Article VII, Section 11(e) of the Rules by denying him access to an employee parking lot in Rochester, New York for the purpose of campaigning.
Election Administrator representative Jason Weidenfeld investigated the protest.
On October 17, 2001, Cantwell and Local 118 business agent Eugene DeLorme went to the UPS facility on Nassau Street in Rochester at around 7:00 a.m. and campaigned in the parking lot until about 7:50 a.m. At that time, UPS supervisor James Gallagher instructed the campaigners to leave the lot and ultimately escorted them from the property. According to Cantwell, Gallagher did not heed Cantwell's statements that he had a right to campaign in the parking lot. According to UPS's western New York district labor manager Tony Venditti, Gallagher claims that the campaigners were escorted from the lot because work was being done there that morning. Venditti asserts that he and Gallagher know about and follow the parking lot access provision in the Rules.
The day after the incident, the protestor received information that Gallagher now indicated that campaigners were allowed on the parking lot. Venditti has stated that UPS does not and will not deny IBT members the parking lot access rights under the Rules in connection with the IBT International officer election. Rules, Article VII, Section 11(e). Based on Venditti's statement, we are satisfied that IBT members wishing to exercise their rights under the access provision at the Rochester facility will be permitted to do so. Accordingly, as in similar cases, we deem the protest RESOLVED. See, e.g., Soto, 2001 EAD 466 (September 21, 2001); Holbrook, 2001 EAD 416 (July 31, 2001).
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 524
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
IBT Local 118
1393 South Ave.
Rochester, NY 14620
John J. Cantwell
IBT Local 118
1393 South Ave.
Rochester, NY 14620
Eugene DeLorme
IBT Local 118
1393 South Ave.
Rochester, NY 14620
Lindsay Marshall
UPS, Inc. Legal Department
55 Glenlake Pkwy. NE
Atlanta, GA 30328
Kim Kaplan
Gary Tocci
Schnader, Harrison, Segal & Lewis
Suite 3600
1600 Market St.
Philadelphia, PA 19103