STEFAN OSTRACH, HOBE WILLIAMS, PATRICK FREY, ANTHONY BROWN, RICHARD DE VRIES, JOHN HULL, DAVID THORNSBERRY, ROBERT LINKENHOKER, BRIAN CHAPMAN, DOUGLAS HENDERSON, DAVE MCPHERSON, HOFFA UNITY SLATE, MATT LATZO, CRAIG KARNIA, TOM LEEDHAM RANK AND FILE POWER SLATE, ASHLEY MCNEELY, AMADEO BIANCHI and DAVID DETHROW,
Protest Decision 2001 EAD 550
Issued: December 13, 2001
OEA Case Nos. PR121510WE, PR050111WE, PR060712WE, PR062212CA, PR080611MW, PR100213CA, PR100911NA, PR100811AT, PR100113CA, PR100511CA, PR101215WE, PR101913CA, PR101111WE, PR101911AT, PR102611AT, PR101811MW, PR102913MW, PR110112MW, PR101511MW, PT111411AT, PT111611WE, PT111612WE, PT112611SO
DECISION AND CERTIFICATION OF ELECTION RESULTS
Ballots in the International officer elections were counted on November 13-16, 2001, pursuant to the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules"). We announced the results of the election on November 21, 2001. A copy is attached as Appendix A. On November 23, 2001, we gave all interested parties until December 6, 2001 to provide any evidence and argument they had with respect to any outstanding protest cases, including any evidence or argument concerning whether the Rules violations alleged or found in such cases, either alone or in combination with other violations, may have affected the results of the International officer election. On that same date, we also informed the parties that December 6, 2001 was the final day for filing post-election protests. As of the close of business on December 6, 2001, there were twenty-three pending pre-election and post-election protests, which can be categorized as follows.
Pre-election protests in which remedial questions remain open. In pre-election protest case numbers PR100113CA, PR100511CA, PR101215WE, PR101913CA, PR101111WE, PR101911AT/PR102611AT, PR101811MW, and PR102913MW/ PR110112MW, captioned above, we issued decisions in 2001 EAD 510, 2001 EAD 512, 2001 EAD 515, 2001 EAD 522, 2001 EAD 529, 2001 EAD 530, 2001 EAD 532, 2001 EAD 535 and 537, respectively. In each of those decisions, we reserved for later consideration the question of whether additional relief should be ordered under Article XIII, Section 4(t) or (u) of the Rules, which allow the Election Administrator to refuse to certify the results of any election held pursuant to the Rules or to rerun all or any portion of such election. We also deferred decision in pre-election protest case number PR100811AT as to the Hoffa Unity slate ("Hoffa slate"). See 2001 EAD 504.
Pre-election protests in which a final decision on the merits has yet to be rendered. In pre-election protest case numbers PR121501WE, PR050111WE and PR060712WE, we deferred resolution of the protests filed therein to the resolution of internal union appellate procedures related to the subject of the protests. See 2001 EAD 121, 2001 EAD 365 and 2001 EAD 405. Similarly, in pre-election protest case number PR080611MW we deferred resolution of the protest allegation to the grievance and arbitration procedure contained in the collective bargaining agreement covering the protestor. See 2001 EAD 478. And in pre-election protest case number PR062212CA, Election Appeals Master Conboy ordered further investigation and consideration of the underlying facts and the merits. See 2001 EAD 434, remanded, 01 EAM 95.
Post-election protests. Pre-election protests were filed in case numbers PR100213CA, PR100911NA and PR101511MW.[1] In correspondence directed to the parties on November 23, 2001, we stated our decision to treat these three protests as post-election protests pursuant to Article XIII, Section 2(f)(2) of the Rules. In addition, four timely post-election protests were also filed in case numbers PT111411AT, PT111611WE, PT111612WE and PT112611SO.
We address these cases in three parts below, corresponding to the three categories above. We have received and considered all responses filed by counsel Bradley Raymond, Betty Grdina, Barbara Harvey and Bruce Laughton.
1. Pre-election protests in which remedial questions remain open. The eleven cases that comprise this category consist first of six cases in which IBT members were found to have been denied their right to distribute campaign literature either in employee parking lots or, consistent with pre-existing rights, at their worksite.[2] No party has argued that a rerun or a refusal to certify all or part of the International officer election is warranted by the Rules violations found in these cases.
During the course of the International officer election, we have issued a number of decisions requiring employers to provide IBT members with access to employee parking lots for campaign purposes. These cases were the exception, since in most cases employers of IBT members provided IBT members with their access rights under Article VII, Section 11(e) of the Rules without the filing of a protest. The fact that no party has argued that any denial of parking lot access may have affected the results of any International officer race bears witness to this.
Further, the results of the 2001 election, as reflected in Appendix A, make understandable the failure of any party to suggest that access denials may have affected the results of that election. The closest margin of all the contested races was that between Central Region vice-presidential candidates Walter Lytle and Christine Royster, who received 61% and 39% of the votes respectively. Most races were decided by even wider margins, reflecting the 65% to 35% margin for General President candidates Hoffa and Leedham at the top of their slates. The access denial cases do not form a basis, either alone or in combination with other Rules violations, for a rerun or refusal to certify any portion of the International officer election.
The other pre-election protest cases in which Rules violations were found and remedial questions remain open likewise present no basis for a rerun or a refusal to certify. No party argues otherwise. In case numbers PR102913MW and PR110112MW, we found an improper failure by Local 710 to include the names and addresses of approximately 3000 local union members in the data used by the Election Administrator to mail International officer election ballots to members and used by the International officer campaigns for the mailing of campaign literature. See 2001 EAD 535 and 537. We ordered that ballots be mailed to those members by November 2, 2001, and also ordered Local 710 to pay for campaign mailings to these members by the Hoffa and Leedham slates. Even if we were to assume, however, that Local 710's Rules violation resulted in the disenfranchisement of all these excluded members, the 23,465 vote margin between the closest Leedham and Hoffa slate candidates means that the Local's conduct could not have affected the results of the International officer election.[3]
Similarly, in case number PR100511CA, we found in 2001 EAD 512 that International officer candidates Zimmerman and McLean violated the Rules by improperly obtaining access to an employer's building for campaign purposes. We ordered a remedial mailing funded by these candidates, along with other relief, and compliance was obtained. The candidate's conduct, however, involved campaigning among only a very small number of IBT members, much less than the respondent's 4,500 plus margin of victory in the Canadian vice-presidential race. Given that margin, the violation did not affect the results of the election.
Finally, in case numbers PR101215WE and PR101111WE, we found violations, in 2001 EAD 515 and 529, respectively, that were prejudicial to the Hoffa slate. Since that slate prevailed in the International officer election, violations that prejudiced its campaign cannot form a basis for upsetting the election results.
Accordingly, we will order NO RELIEF under Article XIII, Section 4(t) or (u) in any of the eleven cases in this category.
2. Pre-election protests in which a final decision on the merits has yet to be rendered. In protest case number PR121501WE, the Leedham slate challenges the IBT's involvement in Local 174's November 2000 officer elections, claiming that the IBT intervened in that election in order to harm the International officer candidacy of Bob Hasegawa, a candidate for International vice-president and, through December 2000, the secretary-treasurer of Local 174. On February 1, 2001, in 2001 EAD 121, we deferred resolution of this protest to proceedings regarding the Local 174 officer election before Joint Council 28. On May 11, 2001, in 2001 EAD 365, we continued this deferral, since the matter was then pending before the General Executive Board.
On December 7, 2001, the United States Secretary of Labor commenced a civil action in the United States District Court for the Western District of Washington under Title IV of the Labor-Management Reporting and Disclosure Act (the "Act") against Local 174. The action alleges that "Section 401(a) of the Act (29 U.S.C. §481(e)) was violated in the conduct of [Local 174's officer] election in that: (1) new applicants who had met the requirements for membership on Local Union No. 174 and were in good standing were denied the right to vote; and (2) the defendant failed to conduct its election in accordance with its By-Laws and the International Constitution when individuals who were not members of Local Union No. 174 were allowed to vote." For relief, the Secretary's complaint seeks a declaration that the November 2000 election is null and void and a rerun election under the Secretary's supervision.
No party has claimed that the IBT's alleged retaliatory-motivated involvement in the Local 174 officer election may have affected the results of the International officer election. Hasegawa received 21,242 votes in that election, while the lowest total vote received by a successful opponent was 36,734. Local 174 members in that election cast 1,667 valid votes. Hasegawa received 1,036 of such votes, while his Hoffa slate opponents received, respectively, 607, 596 and 589. Thus, even if Hasegawa had received a unanimous vote from among the Local 174 membership casting valid votes, he would still have been well short of prevailing in the International officer election for Western region vice-president.[4]
Based on these voting results, we reject any claim that the Rules violation alleged in case number PR121501WE would be sufficient, if meritorious, to warrant relief under Article XIII, Section 4(t) or (u) of the Rules. Accordingly, we will order NO RELIEF under those provisions in that case.
Further, in light of the commencement of litigation by the Secretary of Labor, we DISMISS case number PR121501WE, since the Secretary's civil action will dispose of any irregularities in the Local 174 officer election, even if they were, as alleged by the protestor, motivated by a desire to negatively impact Hasegawa's International officer candidacy. In doing so, we stress, as we did in our decision in that matter in 2001 EAD 121, that "it is not the role of the Election Administrator to regulate IBT local union elections." That is ordinarily within the province of the Secretary of Labor, and her civil action will resolve any legitimate dispute concerning the November 2000 Local 174 election.
Deferred cases PR050111WE and PR060712WE also involve Local 174 and candidate Hasegawa. The protests allege an intentional delay in deciding internal union charges against Bob Hasegawa because of his status as a Leedham slate International officer candidate, as well as retaliation against another member for his support of Hasegawa. On July 5, 2001, in 2001 EAD 405, we deferred decision on the protests to proceedings before Joint Council 28.
No party suggests that these two protests may have affected the results of the International officer election. Given the margin by which candidate Hasegawa lost that election, we conclude that such is not the case and that NO RELIEF under Article XIII, Section 4(t) or (u) of the Rules is appropriate.
On December 11, 2001, Joint Council 28 dismissed the charges against Hasegawa and Frey. We accept this dismissal pursuant to the terms of our deferral and in turn DISMISS protests PR050111WE and PR060712WE. This dismissal is conditioned upon the expiration of the appeal period from the Joint Council's dismissal decision without the filing of an appeal. Should an appeal be filed, we shall retain jurisdiction and continue to defer for an additional four months from the filing of any such appeal.
We will continue to DEFER decision in pre-election protest case number PR080611MW to the grievance and arbitration procedure contained in the collective bargaining agreement covering the protestor. See 2001 EAD 478. That case involves the termination of Local 705 business representative Richard deVries, allegedly in retaliation for his support of the Leedham slate. We are informed that, absent settlement, the grievance protesting the deVries termination will proceed to arbitration. No party has alleged that the termination may have affected the results of the International officer election, and we find no such possible effect. Accordingly, even if the protest is ultimately deemed meritorious, we will order NO RELIEF pursuant to Article XIII, Section 4(t) or (u).
Last of the pending cases in this category is pre-election protest case number PR062212CA. Following our decision in 2001 EAD 434, Election Appeals Master Conboy remanded for further investigation. See 01 EAM 95. No party claims that the matters raised by this protest may have affected the results of the International officer election, and we find no such possible effect. The protest allegations concern a defamation action brought against a delegate candidate over matters published on a web site critical of his delegate election opponents. There is no evidence that the bringing of this litigation affected any International officer election votes. Our investigation of this matter continues, and will be the subject of a further decision on the merits.
3. Post-election protests. The remaining seven open protest cases will be decided as post-election protests under the standard set forth in Article XIII, Section 3(b) of the Rules. These include the three pre-election protests filed in case numbers PR100213CA, PR100911NA and PR101511MW, which we are being treated as post-election protests under Article XIII, Section 2(f)(2), as well as the four timely post-election protests filed in case numbers PT111411AT, PT111611WE, PT111612WE and PT112611SO.
Article XIII, Section 3(b) of the Rules provides:
Post-election protests shall only be considered and remedied if the alleged violation may have affected the outcome of the election, except that any timely protest alleging improper threats, coercion, intimidation, acts of violence or retaliation for exercising any right protected by these Rules shall be considered and remedied without regard to whether the alleged violation affected the outcome of an election.
Of the seven post-election protests, only two (PT111411AT and PT112611SO) involve claims of retaliatory conduct that allow for their consideration absent a finding that they may have affected the outcome of the International officer election. Thus, in order to determine whether we may consider and remedy any Rules violation alleged in the remaining five post-election protests, we must first decide whether any such alleged violation may have affected the results of the International officer election. As we explain in what follows, we find no evidence of such a possible effect.
In light of the decisive margins for the Hoffa slate in the International officer election, it is not surprising that no party has argued that any post-election protest may have affected the results of that election, such that those results should not be certified. For international-wide offices, the Hoffa slate margin of victory was as high as 91,779 valid votes out of 308,557 valid votes cast in the General President race, with similar margins down the ballot.
None of the post-election protests state claims sufficient to warrant consideration of overturning these electoral results. Indeed several of the non-retaliation post-election protests must be dismissed on their face. These include the Rules violations alleged in PT111611WE, in which the Hoffa slate alleged that Leedham slate representative Stefan Ostrach engaged in misconduct during the International officer ballot count, and PT111612WE, in which the protestor claimed that Local 174 improperly misrecorded the dues payment status of approximately 600 of its members (alleged to be predominantly Leedham supporters), resulting in their ballots being challenged. In both cases, the protested conduct, even if it violated the Rules, could not have affected the results of the election. Thus, Ostrach's conduct (the recording of names of challenged voters), which he willingly ceased after being challenged by the Hoffa slate, did not change the result of any race, all of which were won by members of the opposing slate. Similarly, the approximately 600 challenged ballots from Local 174 that are the subject of PT111612WE could not have changed the result of any race even if they had all been counted and were all cast for the Leedham slate. We accordingly DISMISS these two protests.
Two of the deemed post-election protests (PR100213CA and PR100911NA) involve the failure of various local unions to post notices of either the International officer election or of the debate held by the Election Administrator pursuant to the candidate forum provisions of Article VII, Section 6 of the Rules. These protests were the subject of our earlier interim decision in 2001 EAD 501, which detailed the failure of certain local unions to timely post such notices, and our efforts to achieve compliance. Our further investigation confirms that in some cases the local unions identified in that earlier decision did indeed fail to timely post the required notices, while in other cases the failure was simply the late filing of affidavits of posting. Teamsters for a Democratic Union has provided evidence that in some locals where proper posting was sworn to, such postings were either not in place or were removed and not reposted. Our review of the additional materials obtained by our investigator after the decision in 2001 EAD 501 shows, however, that the problem of non-posting or removed postings was reduced by the compliance efforts undertaken by our office, with the assistance of the IBT, so that the number of local unions that did not fulfill their responsibility under the Rules to post the required notices and to ensure that they remain posted was reduced.
While compliance was not complete, the evidence we have obtained of non-compliance is insufficient to warrant any conclusion that these failures may have affected the results of the International officer election. Thus, most locals complied with their posting obligations, and even where compliance was incomplete the information to be distributed through the notices of the election and the debate was disseminated to the membership in other ways. Thus, for example, the election notice was printed in The Teamster and included with the mail ballot package sent to members. The debate was also widely publicized by means of the 200,000 debate videotapes made available to the Leedham slate, which it widely and aggressively distributed to the membership. Moreover, the views of the opposing candidates were also made known to the membership by means of the battle pages printed in five different issues of The Teamster during the election campaign.
Based on the foregoing, we accordingly DISMISS as deemed post-election protests cases PR100213CA and PR100911NA, since we find that the misconduct alleged therein could not have affected the results of the International officer elections.
The third deemed post-election protest (PR101511MW) alleged that the October 2001 issue of The Teamster was not mailed to members in Hawaii in conformance with Article VII, Section 10 of the Rules, which provides for the publication of campaign materials for nominated International officer candidates ("battle pages") in the October 2001 issue, and further provides that that issue of the IBT magazine "shall be mailed for delivery not later than one week before the ballots are scheduled for delivery…" During the investigation of this protest, the alleged late delivery of that issue of the magazine to Canadian members was also raised.
It is clear that the October 2001 issues of The Teamster mailed to Hawaii and in Canada were delivered later than the deadline set by Article VII, Section 10 of the Rules, which we deem to be October 5, 2001.[5] The late delivery followed the IBT's September 7, 2001 submission of a version of the October 2001 Teamster to the Election Administrator for pre-publication review as provided in Article VII, Section 8(e) of the Rules, a timely submission under a schedule established by the Election Administrator. Approval for publication followed on September 13, 2001. Shortly thereafter, the Election Administrator realized that the IBT would need to work rapidly to meet the Rules provision requiring delivery of the October issue to members at least one week before the delivery of ballots, and thus obtained the IBT's agreement to move up the planned shipment date to the end of September or the first two days of October. No special arrangements were made, however, for shipment to Hawaii or Canada.
Even with advancement of the shipment date, timely delivery to members in Hawaii and Canada was not accomplished. The October 2001 Teamster issues bound for Hawaiian members were deposited in the mail in St. Louis, Missouri (with periodical rate postage) on October 2 or 3, 2001. According to postal service representatives, the periodicals mailed to Hawaii then were sent to the west coast for shipment by boat to Hawaii, a routing that would ordinarily result in delivery to Hawaii two to three weeks after October 2 or 3, with further delays in delivery for members resident on islands other than Oahu. Separately, our inquiries to Hawaiian members revealed that magazines were not received in their homes until after the delivery of their ballots, which had been sent by first class mail.
Canadian deliveries were also untimely. There, the October issue was mailed bulk rate to members on or about October 12, 2001, three days after the mailing of ballots and seven days after October 5, 2001. This delay resulted from a) the fact that shipments of the issues were not shipped from the United States to Canada until October 2, 2001 and b) the time it subsequently took to clear the issues through Canada customs and prepare and address them for mailing. According to information obtained from Canada Post, the October 12 bulk rate mailing of the October 2001 issue of The Teamster (from Laval, PQ) to members in Canada would have normally resulted in delivery dates between October 17 and October 24.
A similar delay in shipments of the last pre-election battle pages issue of The Teamster occurred in the 1998 International officer rerun election. See DeBella, PR409 (January 28, 1999). There, the Election Officer concluded that given the margins in that election, the late distribution of the pre-election battle page issue of The Teamster was not such that it may have affected the results of that election.
We find the same is true here. Thus, in the General President race in this election, 14,997 valid votes were cast in Canada, with 4,935 (or 32.9%) cast for candidate Leedham and 10,062 (or 67.1%) cast for candidate Hoffa. These percentages are similar to those cast in this election for these two candidates and their slate-mates in other regions, and thus suggest that the late delivery of the October 2001 issue of the magazine to Canadian members did little to change the vote results, either for General President or other offices. There is simply no evidence that demonstrates any real possibility that the late delivery in Canada changed the results in the national races, with their margins between 83,000 and 91,000 votes, or in the Canadian races, with their margins of between 4,500 and 4,900 votes.
The same is true in Hawaii, where 1,169 members voted in the two Hawaiian locals (681 and 996), along with members of other locals resident in Hawaii, such as Local 2000-represented Northwest flight attendants. The margins in the Western vice-presidential races ranged from 14,000 to 16,000. Thus, even if all members voting in Hawaii voted for the losing candidates in all races, the results would not have changed.
Moreover, as in DeBella, we note that the losing candidates communicated their campaign message to members in other ways, including the earlier battle page issues of The Teamster, the debate videotapes made available to them for distribution, and leaflets, handbills, phone-banking and other means of communication. These other means of communication lessen the likelihood that the late distribution of the October 2001 Teamster cost the Leedham slate candidates votes in significant numbers.
We accordingly DISMISS deemed post-election protest PR101511MW because we cannot find that the late distribution of the October 2001 Teamster may have affected the outcome of any race in this election. We nevertheless note that this late delivery has been an ongoing problem and suggest that steps be taken in future elections to prevent its recurrence.
The remaining two post-election protests raise claims of retaliation, which must be decided on their merits and remedied, if a violation is found. The first of these protests alleges the post-election retaliatory processing of a grievance protesting the discharge of a Leedham supporter (PT111411AT). The second alleges that a Leedham supporter suffered retaliation after the ballot count through a refusal to allow her access to certain athletic facilities open to other IBT members (PT112611SO). Since in each case the challenged conduct occurred after the ballot count commenced, neither protest implicates the results of the International officer election, or forms any basis for a refusal to certify the results of that election. They will be resolved in separate decisions on the merits.
Conclusion
No delay or refusal to certify the results of any race in the International officer election has been sought, nor is any warranted under Article XIII, Section 3(b) or Section 4(t) or (u) of the Rules. None of the pending protests allege conduct that may have affected the outcome of the International officer election, whether considered separately or together. None therefore present a bar to certification.
With the exception of candidates Garnet Zimmerman and Phil Young, we therefore certify the results of the 2001 International officer election and declare elected candidates James P. Hoffa, Tom Keegel, Randy Cammack, Fred Gegare, Carroll Haynes, Thomas O'Donnell, Ralph Taurone, Frank Gallegos, Ron McClain, John Steger, Tyson Johnson, Ken Wood, Al Hobart, Chuck Mack, Jim Santangelo, Pat Flynn, Walter Lytle, Dotty Malinsky, Lester Singer and Joseph McLean.[6]
Certification of prevailing candidate Zimmerman must await his completion of pending CCER filing requirements. Certification of prevailing candidate Young must await his response to pending requests for information from our auditors with respect to open audit issues.
In addition, all candidates must comply with their remaining obligations under the Rules, including the CCER and other requirements of Article XI, under which final reports are due January 15, 2002. We retain jurisdiction to assure such compliance and to order such remedies for non-compliance as are appropriate, including a remedial revocation of certification.[7]
As in DeBella, supra, we stay the above certifications, assuming a timely appeal, until the Election Appeals Master renders a final decision.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within three (3) working days of receipt of this decision. Rules, Article XIII, Section 3(f). The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Election Administrator in any such appeal. Requests for a hearing shall be made in writing and shall be filed with:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue
Suite 1000
New York, New York 10022
Fax: 212.751.4864
Copies of the request for a hearing must be served upon the Election Administrator and all parties to the dispute by personal delivery, by overnight mail, or by facsimile transmission with a copy sent by regular mail immediately thereafter, within the time prescribed above. Rules, Article XIII, Section 3(f). A copy of the protest must accompany the request for hearing.
_______________________
William A. Wertheimer, Jr.
Election Administrator
DISTRIBUTION LIST VIA UPS NEXT DAY AIR OR EXPRESS MAIL
- James P. Hoffa
- General President
- International Brotherhood of Teamsters
- Office of the General President
- 25 Louisiana Avenue, N.W.
- Washington, DC 20001
- C. Thomas Keegel
- General Secretary-Treasurer
- International Brotherhood of Teamsters
- Office of the General President
- 25 Louisiana Avenue, N.W.
- Washington, DC 20001
- Tom Leedham
- Local 206
- 1860 N.E. 162nd Avenue
- Portland, OR 97230
- Tom Gilmartin, Jr.
- Local 559
- 400 Chapel Road
- So. Windsor, CT 06074
- John Metz
- Local 610
- 1401 Hampton Ave.
- St. Louis, MO 63139
- Ashley McNeely
- P.O. Box 23224
- Honolulu, HI 96823
- Willie Smith
- 2036 Philadelphia Drive
- Dayton, OH 45406
- William B. Gibson III
- 6131 Montrose Road
- Cheverly, MD 20785
- Randy Cammack
- Local 63
- 845 Oak Park Road
- Covina, CA 91724
- Fred Gegare
- Local 75
- 1546 Main St.
- Green Bay, WI 54302
- Carroll Haynes
- 50 Calhoun Ave.
- New Rochelle, NY 10801
- Thomas O'Donnell
- Local 817
- 1 Hollow Lane, Suite 309
- Lake Success, NY 11042
- Ralph Taurone
- Local 222
- 2641 South 3270 West
- Salt Lake City, UT 84119
- Maria Martinez
- Local 556
- 1750 Portland Street
- Walla Walla, WA 99362
- Robert Hasegawa
- 3121 16th Avenue South
- Seattle, WA 98144
- George Saavedra
- 845 Thetford Pl
- Farfield, CA 94533
- J. Allen Hobart
- Local 760
- 1211 W. Lincoln Ave.
- Yakima, WA 98902
- Chuck Mack
- Local 70
- P.O. Box 2270
- Oakland, CA 94621
- Jim Santangelo
- Local 848
- 9960 Baldwin Place
- El Monte, CA 91731
- Willie Hardy
- 137 Sullivan Cove
- Memphis, TN 38109
- Tyson Johnson
- Local 745
- 1007 Jonelle Street
- Dallas, TX 75217
- Kenneth W. Wood
- Local 79
- 5818 MLK Jr. Blvd.
- Tampa, FL 33619
- Frank Burdell
- 7685 Center Road
- Valley City, OH 44280
- Christine Royster
- 1939 South 6th Avenue
- Maywood, IL 60153
- Mark Serafinn
- Local 722
- 344 N. 30th Road
- La Salle, IL 61301
- Cliff Chentnik
- Local 325
- 55333 Eleventh St.
- Rockford, IL 61109
- David Thornsberry
- 10403 Truman Way
- Louisville, KY 40299
- Pat Flynn
- 4217 South Halsted Street
- Chicago, IL 60609
- Walter Lytle
- Local 414
- 2644 Cass St.
- Fort Wayne, IN 46808
- Dotty Malinsky
- 9409 Yukon Avenue South
- Bloomington, MN 55438
- Lester Singer
- 435 South Hawley Street
- Toledo, OH 43609
- Philip E. Young
- Local 41
- 4501 Emanuel Cleaver II Boulevard
- Kansas City, MO 64130
- Diana Kilmury
- 2612 East 47 Avenue
- Vancouver, BC V5S 1C1
- John Hull
- 1705-3231 Eglinton Ave. East
- Toronto, ON M1J 3N5
- Joseph McLean
- Local 879
- 460 Parkdale Avenue, North
- Hamilton, ON L8H 5Y2
- Garnet Zimmerman
- Local 31
- 1 Grosvenor Square
- Delta, BC V3M 5S1
- Robert Bouvier
- 2540 Daniel Johnson, Suite 804
- Laval, PQ H7T 2S3
- Paul Kelly
- 45 Hubshop Road
- Chester, NY 10918
- T.C. Bundrant
- 47 Ollis Bowers Hill Road
- Kingsport, TN 37664
- Jeffrey W. Cedarbaum
- Local 1150
- 150 Garfield Avenue
- Stratford, CT 06615
- Frank Gallegos
- 751 Acapulco Way
- Salinas, CA 93905
- Ronald L. McClain
- Local 147
- 2425 Delaware Avenue
- Des Moines, IA 50317
- John Steger
- 3100 Ames Place
- Washington, DC 20018
- John Murphy
- Local 122
- 765 East Third Street
- Boston, MA 02127
- Jack Cipriani
- Local 391
- P.O. Box 35405
- Greensboro, NC 27425
- Richard Volpe
- Local 550
- 6 Tuxedo Avenue
- New Hyde Park, NY 11040
- Dan DeSanti
- Local 701
- 2003 US Route #130
- Suite B
-
- North Brunswick, NJ 08902
- 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
- James L. Hicks, Jr., P.C.
- Suite 1100
- 2777 N. Stemmons Freeway
- Dallas, TX 75207
- J. Douglas Korney
- Korney & Heldt
-
- 30700 Telegraph Road
- Suite 1551
- Bingham Farms, MI 48025
- Betty Grdina
- Yablonski, Both & Edelman
- Suite 800
- 1140 Connecticut Ave. NW
- Washington, D.C. 20036
- Barbara Harvey
- Penobscot Building
- Suite 1800
- 645 Griswold
- Detroit, MI 48226
- Stefan Ostrach
- 110 Mayfair
- Eugene, OR 97404
- Todd Thompson
- Hoffa Unity Slate 2001
- 209 Pennsylvania Ave. SE
- Washington, DC 20003
- Matt Ginsburg
- 30 Third Avenue
- Brooklyn, NY 11217
- Fax: 718.875.4631
- Teamsters for a Democratic Union
- 7437 Michigan Avenue
- Detroit, MI 48210
- IBT Local 174
- 553 John St.
- Seattle, WA 98109
- Ervin Lemon
- IBT Local 174
- 553 John Street
- Seattle, WA 98109
- Scott Sullivan
- 14112 141st Ct. SE
- Renton, WA 98057
- Kenneth J. Pederson
- Davies, Roberts & Reid, LLP
- 101 Elliott Avenue West
- Suite 550
- Seattle, WA 98119
- John Williams
- IBT Local 117
- 553 John St.
- Seattle, WA 98109
- Paul Drachler
- Theiler, Douglas, Drachler & McKee
- 1904 Third Ave.
- Suite 1030
- Seattle, WA 98101
- Patrick Frey
- 4430 South 262nd
- Kent, WA 98032
- Hobe Williams
- 19080 N.E. Wood-Duvall Rd.
- Woodinville, WA 98072
- IBT Local 213
- 490 East Broadway
- Vancouver, BC V5T 1X3
- Canada
- Bruce Laughton
- Laughton & Company
- Suite 1090
- 1090 West Georgia Street
- Vancouver, BC V6E 3V7
- Canada
- Dwight Stewart
- Miller/Thompson
- Suite 1840
- Howe Street
- Vancouver, BC V6Z 2M1
- Canada
- Richard de Vries
- 1852 South Allport Street
- Chicago, IL 60608
- Gerald Zero
- IBT Local 705
- 1645 W. Jackson Blvd.
- Chicago, IL 60612
- Jerry Butler
- District 12, United Mine Workers
- 3695 S. 6th Street
- Springfield, IL 62703
- IBT Local 89
- 3813 Taylor Blvd.
- Louisville, KY 40215
- IBT Local 230
- 55 Nugget Ave.
- Suite 214
- Scarborough, ON M1S 3L1
- Canada
- IBT Local 647
- 7 Hafis Road
- Toronto, ON M6M 2V6
- Canada
- IBT Local 847
- 720 Spadina Ave.
- Suite 305
- Toronto, ON M5S 2T9
- Canada
- IBT Local 879
- 460 Parkdale Ave. No.
- Hamilton, ON L8H 5Y2
- Canada
- IBT Local 938
- 275 Matheson Blvd. East
- Mississauga, ON L4Z 1X8
- Canada
- IBT Local 141
- 426 Third St.
- London, ON N5W 4W6
- Canada
- Irwin H. Cutler, Jr.
- Adrienne Berry
- Segal Stewart Cutler Lindsay Janes & Berry
- 1400-B Waterfront Plaza
- 325 West Main Street
- Louisville, KY 40202-4251
- Sysco Foods
- Attn: Lisa Tyer
- 8000 Dorsey Run Road
- Jessup, MD 20794
- Robert Linkenhoker
- 7057 Dunbar Road
- Baltimore, MD 21222
- IBT Local 355
- 1030 South Dukeland Street
- Baltimore, MD 21223
- Summit Food Distributors, Inc.
- 580 Industrial Road
- London, ON N5V 1V1
- Canada
- Brian Chapman
- 38A Patricia St.
- St. Thomas, ON N5P 2C8
- Canada
- Allied Systems
- Human Resource Manager
- 6151 Colonel Talbot Road
- London, ON N6P 1J2
- Canada
- Allied Systems
- Attn: Thomas Duffy
- 160 Claremont Avenue
- Suite 600
- Decatur, GA 30030
- IBT Local 763
- Dave Reynolds
- Secretary-Treasurer
- 553 John Street
- Seattle, WA 98109
- Joint Council 28
- 553 John Street
- Seattle, WA 98109
- Douglas Henderson
- 8639 11th Ave. SW
- Seattle, WA 98106
- IBT Local 1999
- Bureau 100
- 9393, rue Édison
- Anjou, Québec H1J 1T4
- Canada
- Dave McPherson
- 15 Mapleridge Dr.
- RR #2,
- Omemee, ON K0L 2W0
- Canada
- Labatts Brewery
- Human Resources Manager
- 50 Labatt Street
- LaSalle, Québec
- Canada
- Matt Latzo
- 9608 Hastings Drive
- Columbia, MD 21046
- IBT Local 311
- 416 Eastern Blvd.
- Baltimore, MD 21221
- United Stationers
- Human Resources Manager
- 7441 Candlewood Road
- Hanover, MD 21076
- Craig Karnia
- 11108 South Deerpath
- Palos Hills, IL 60465
- Tony Byergo
- Kmart Corporation
- Labor Relations
- 3100 W. Big Beaver Road
- Troy, MI 48084
- Janet Kelley
- General Counsel
- Kmart Corporation
- Labor Relations
- 3100 W. Big Beaver Road
- Troy, MI 48084
- IBT Local 710
- Attn: Frank Wsol
- 4217 S. Halstead St.
- Chicago, IL 60609
- Richard deVries
- 1858 South Allport Street
- Chicago, IL 60608
- Amadeo Bianchi
- 1201 Southwest 128 Terr.
- Apt. E409
- Pembroke Pines, FL 33027
- IBT Local 390
- 12365 West Dixie Highway
- North Miami, FL 33161
- John J. Gasparovic
- General Counsel
- Roadway Express
- 1077 Gorge Blvd.
- Akron, OH 44309
- Jeffrey Ellison
- 65 Cadillac Square
- Suite 3727
- Detroit, MI 48226
- IBT Local 206
- 1860 NE 162nd Avenue
- Portland, OR 97230
- Dan Scott
- 12924 64th Avenue SE
- Snohomish, WA 98296
- Dianne Bolton
- 44400 SE 159th Street
- North Bend, WA 98045
- Lindsay Marshall
- UPS Inc. Legal Department
- 55 Glenlake Parkway NE
- Atlanta, GA 30328
- Gary Tocci
- Schnader, Harrison, Segal & Lewis
- Suite 3600
- 1600 Market Street
- Philadelphia, PA 19103
- Bruce Dubinsky
- Klausner, Dubinsky + Associates, PC
- 4520 East West Highway
- Suite 640
- Bethesda, MD 20814
- Andrew W. Schilling
- Beth E. Goldman
- Meredith E. Kotler
- Civil Division
- United States Attorney's Office for the
- Southern District of New York
- 1 St. Andrew's Plaza
- New York, New York 10007
- Kenneth Conboy, Esq.
- Latham & Watkins
- 885 Third Avenue
- Suite 1000
- New York, New York 10022
[1] We issued interim decision 2001 EAD 501 with respect to PR100213CA and PR100911NA.
[2] PR100811AT, PR100113CA, PR101913CA, PR101911AT, PR102611AT and PR101811MW. In 2001 EAD 510, our decision in case number PR100113CA, we mistakenly stated the respondent employer's employees were represented by Local 938, rather than Local 141.
[3] In our earlier decisions in this matter, we reserved for later consideration the question whether an improper political purpose motivated Local 710's actions. Upon further investigation, we have found no such evidence and accordingly DENY such allegations. Our investigation revealed that the local union's actions were based on a mistaken interpretation of the IBT Constitution. Until corrected, this interpretation was consistently applied by the local union, even to the point of reporting a lower number of IBT members for purposes of determining the local union's delegate strength at the IBT Convention.
[4] As discussed below, the protestor in post-election case PT111612WE claims that Local 174 violated the Rules by recording approximately 600 UPS-employed members of Local 174 as not having paid their dues and thus as ineligible to vote, when in fact they were on dues check-off and thus in good standing and eligible. These challenges were not resolved during the ballot count because they were not determinative as to any race. Even if it were assumed that all such approximately 600 votes were valid and cast for Hasegawa, along with all valid votes cast in Local 174, such votes would still be well short of sufficient to affect the results of the International officer race for Western region vice-president, which Hasegawa lost by 15,492 valid votes.
[5] Ballots were scheduled to be and were mailed first class to the IBT membership on Tuesday, October 9, 2001. We assume for purposes of this decision that they were thus "scheduled for delivery" to the membership within the meaning of Article VII, Section 10 of the Rules no later than Friday, October 12, 2001, three days following mailing. "[O]ne week before the ballots [were] scheduled for delivery," as used in Article VII, Section 10, would thus be Friday, October 5, 2001.
[6] Candidates Robert Bouvier, Jack Cipriani, Dan DeSanti, John Murphy and Richard Volpe were elected without opposition at the 2001 IBT Constitutional Convention.
[7] Following the filing of final CCER reports, we will issue a report of the field audits conducted by our auditors during the course of the election period.