IN RE: JIMI RICHARDS,
Protest Decision 2000 EAD 5
Issued: August 1, 2000
OEA Case No. PR061501AT
See also Election Appeals Master decision 00 EAM 1 (KC)
Jimi Richards, a member of Local 728, filed this 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"). The protest alleges that Waymon Stroud, president of Local 728, violated the Rules by using local union resources to raise funds for the Stroud/Hoffa Slate.
Election Administrator representative J. Griffin Morgan investigated this protest.
Article XI, Section 1(b)(3) and (6) of the Rules prohibit the use, directly or indirectly, of union funds or other things of value to promote the candidacy of any individual. This prohibition includes the use of union funds, facilities, equipment, stationary, and personnel. Article XI, Section 1(b)(6).
Findings of Facts
On or about May 30, 2000, a memo from Stroud was sent to all officers, business agents and political coordinators of the local union. The memo stated in part:
In order to fund our delegate elections and local union election campaigns in 2001, we must start setting money aside. Through past experience, we believe we will need $15,000 for each election. Therefore, we are asking each contributor to donate $40.00 per week to reach our goal.
If you willing to do so and would like to have your contributions deducted from your pay check, please sign the statement below and return it to me immediately. Your help will be greatly appreciated.
I authorize Teamster Local 728 to deduct from my paycheck, the sum of $______, to be deposited toward the Stroud/Hoffa Re-Election Fund.
Richard Black, Local 728's secretary-treasurer, stated that he typed the memo on his personal time using a local union computer. He stated that the memo was printed on a local union printer using local union paper. Copies of the memo were made using the local union's copier and paper. The memo was hand delivered to the addressees who work at the local union hall.
The memo was mailed to trustees Robert Wood and Gwenita Brown. The memo was mailed in envelopes and using stamps belonging to Black personally. Black's home address was the return address. Wood corroborates that he received the memo in a plain white envelope, with a postage stamp not Local 728's meter mark, and Black's home address as the return address.
Black stated that Tony Layfield, Local 728's bookkeeper, would administer the payroll deduction. Mr. Layfield would have to enter the deductions into the computer program that operates the Local payroll. After these initial entries, the computerized payroll program would automatically make the deductions. A minimal amount of Layfield's time would be required to write a check once a month to the Stroud/Hoffa Slate campaign fund. That check would be hand delivered to Black, who would be responsible for depositing the check in the campaign's bank account.
Stroud and Black explained that at the time the May 30 memo was written, they did not believe that their conduct violated the Rules. Payroll deductions to fund delegate and local union officer election campaigns had been in place for the ten years they worked for Local 728. Similar funds had been in place prior to their becoming officers of the local in 1990. Black has been the secretary-treasurer of Local 728 since 1990. Stroud has been a vice president of Local 728 and in November 1999 became president of the local. During this 10-year period the local was audited twice by the IBT. The campaign payroll deduction had not been questioned. Additionally Black stated that the local union allows its members and employees to use its copy machine for small personal copy projects. The local union also allows its employees to use computers, calculators and other office equipment on personal time for personal business.
During the investigation of this protest, Black notified the Election Administrator's representative that the campaign payroll deduction plan had been voluntarily stopped. Black stated that they sought and obtained advice from the International Union to cease the payroll deduction plan and were following that advice.
Analysis and Conclusion
Local 728 violated Article XI, Section 1(b) of the Rules, by permitting and authorizing the use of Local Union computers, printers, copy machine, paper and personnel to raise funds for the Stroud/Hoffa slate. Accordingly, the protest is GRANTED.
Remedy
When the Election Administrator determines that the Rules have been violated, he "may take whatever remedial action is appropriate". Article XIII, Section 4. In fashioning the appropriate remedy, the Election Administrator views the nature and seriousness of the violation as well as its potential for interfering with the election process. Based upon the foregoing, the Election Administrator orders the following:
1. Mr. Stroud shall immediately cease and desist from permitting and authorizing the use of Local Union funds and facilities to support the candidacy of candidates affiliated with the Stroud/Hoffa Slate.
2. Within five (5) days of receipt of this decision, Mr. Stroud shall have the attached "Notice To Local Union 728 Members and Employees" posted at the Local Union office. Within that same time period, Mr. Stroud shall post the attached "Notice To Local Union 728 Members and Employees" on all bulletin boards at Local 728 worksites.
3. Mr. Stroud shall pay to the treasury of Local 728 the amount of $50.00 to reimburse the Local Union for its indirect contribution to the Stroud/Hoffa Slate. While personally responsible for this payment, Mr. Stroud may seek contributions from other members of the Stroud/Hoffa Slate.
4. Within two (2) days of making the postings required in Paragraph 3 above, Mr. Stroud must submit an affidavit to the Election Administrator attesting to his compliance with this order.
An order of the election Administrator, unless otherwise stayed, takes immediate effect against a party found to be in violation of the Rules. Lopez, 96 EAM 73.
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 the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, c/o International Brotherhood of Teamsters, 25 Louisiana Ave. NW, Washington, D.C. 20001, 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
J. Griffin Morgan
NOTICE TO TEAMSTERS LOCAL UNION 728 MEMBERS AND EMPLOYEES
The Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") prohibit your Local Union from directly or indirectly using union funds or other things of value to promote the candidacy of any individual for any delegate or International officer position. This prohibition includes the use of union funds, facilities, equipment, stationary, and personnel. The only exception to this prohibition is if the local union is compensated at fair market value for its assistance and all candidates are provided equal access to the same assistance and are advised in advance, in writing, of the availability of such assistance to their campaign.
The Election Administrator will not permit any such improper use of your Local Union's funds.
The Election Administrator has concluded that such an improper usage of Local Union funds has occurred and has order Waymon Stroud to cease and desist from permitting and authorizing the use of Local Union funds and facilities to support the candidacy of candidates affiliated with the Stroud/Hoffa Slate. The Election Administrator has further ordered Mr. Stroud to pay to the treasury of Local Union 728 the amount of $50.00 to reimburse the Local Union for its indirect contribution to the Stroud/Hoffa Slate. While personally responsible for this payment, Mr. Stroud is permitted to seek contributions from other members of the Stroud/Hoffa Slate.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rulesshould be filed with William A. Wertheimer, Jr., Office of the Election Administrator, 25 Louisiana Ave. NW, Washington DC 20001, telephone 800-565-VOTE, telecopier (202) 624-8711.
___________________________
Wayman B. Stroud, Sr., President
IBT Local 728
This is an official notice and must remain posted for thirty (30) consecutive days from the day of initial posting, and must not be altered, defaced or covered by any other material.
Prepared and approved by William A. Wertheimer, Jr., Election Administrator for the International Brotherhood of Teamsters.
DISTRIBUTION LIST VIA UPS NEXT DAY AIR:
Mr. Jimi Richards
2875 Ackworth Due West Road
Kennesaw GA 30152
Mr. Waymon B. Stroud, Sr.
President, Teamster Local 728
2540 Lakewood Ave., S.W.
Atlanta GA 30315
Mr. Richard Black
Secretary-Treasurer
Teamster Local 728
2540 Lakewood Ave., S.W.
Atlanta GA 30315
Patrick Szymanski
IBT General Counsel
25 Louisiana Ave. NW
Washington, DC 20001
Bradley 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