IN RE: CRAIG KARNIA,
Protest Decision 2001 EAD 536
Issued: November 1, 2001
OEA Case No. PR101812MW
Craig Karnia, a member of Local 705, 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"). Karnia alleges that Local 714 business agents for U.S. Metals campaigned while performing their duties.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
Karnia did not witness the events but claims that he heard about them through a UPS driver. Karnia has not been able to provide any witnesses.
Local 714 business agent Tom Walsh admits that he went to U.S. Metals on October 15, 2001 to meet with members regarding possible employer-requested contract concessions. He said that shortly before the meetings, he gave a campaign bumper sticker to a steward while in the breezeway outside of the building. He alleges that he engaged in no other campaign-related activity while at U.S. Metals. We credit Walsh's unchallenged statements.
We find that Walsh's campaigning was minimal and incidental to the legitimate reason for his attendance at U.S. Metals. Article VII, Section 11(b) of the Rules protects such incidental campaigning. 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 536
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
30 Third Avenue
Brooklyn, NY 11271
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
Craig Karnia
11108 South Deerpath
Palos Hills, IL 60465
IBT Local 705
1645 W. Jackson Blvd.
Chicago, IL 60612
IBT Local 714
6815 W. Roosevelt Road
Berwyn, IL 60402
Tom Walsh
IBT Local 714
6815 W. Roosevelt Road
Berwyn, IL 60402
U.S. Metals
Human Resource Manager
3000 Shermer Road
Northbrook, IL 60062