IN RE: STEFAN OSTRACH and JACK MANDARO
Protest Decision 2000 EAD 62
Issued: December 12, 2000
OEA Case Nos. PR081603NA, PR082301AT, PR082501AT and PR083102WE
Stefan Ostrach, a member of Local Union 206 and treasurer of the Tom Leedham Rank & File Power Slate (the "Leedham campaign"), filed two pre-election protests on behalf of himself and the Leedham campaign pursuant to Article XIII, Section 2(b) of the Rules for the 2000-2001 IBT International Union Delegate and Officer Election ("Rules") against the Hoffa 2001 Unity Slate (the "Hoffa campaign"). Ostrach contends that the Hoffa campaign's distribution by facsimile to local unions and other IBT subordinate bodies of communications concerning the distribution and solicitation of slate accreditation petitions in August 2000 for the Hoffa campaign constitutes an impermissible use of union resources in violation of Article VII, Section 11(c) of the Rules.
Jack Mandaro, secretary-treasurer of Local 95, filed two pre-election protests pursuant to Article XIII, Section 2(b) of the Rules against the Hoffa campaign. His protests allege a violation of Article VII, Section 11(c) of the Rules through the facsimile transmission to Local 95 of accreditation petitions for individual candidates on the Hoffa slate and "updates with respect to the progress of [petition] signature gathering."
These protests were the subject of our earlier decision in 2000 EAD 29 (October 2, 2000), aff'd 00 EAM 7 (October 10, 2000).
Findings of Fact and Analysis
We retained jurisdiction over one aspect of these cases for further investigation: the allegation by the Leedham campaign that two one-page documents were transmitted by the Hoffa campaign to certain IBT locals in the Midwestern United States. Copies of the documents are attached to our decision in 2000 EAD 29 as Appendices E and F. Each document is on plain, no-letterhead paper. The documents are in memorandum form and addressed simply to "Officers." Both are dated "8/17/00." Both state "Re: SIGNED PETITIONS." The first of the two documents is entitled "Important Memorandum." The second is entitled "CORRECTED Memorandum." The first document says: "PLEASE NOTE PETITIONS ARE DUE IN D.C. THURSDAY 8/24/00 NOT FRIDAY[.]" The second memorandum states: "CORRECTION PETITIONS ARE DUE IN CAMPAIGN OFFICE 6811 W. ROOSEVELT RD. THURSDAY 8/24/00 NOT FRIDAY[.]"
The Hoffa campaign maintains a campaign office staffed by volunteers at 6811 W. Roosevelt Rd. in Chicago, Illinois. According to a campaign volunteer that is responsible for the operation of the office, the office has a telephone and a fax machine. This volunteer and the Hoffa campaign generally deny any knowledge of the two fax transmissions, and they deny that they were faxed by the Hoffa campaign to any local unions. The evidence provided by the Leedham campaign is that these documents were received by at least one local union in the Midwest by facsimile. However, the fax machine logs of the local did not indicate the source of the fax transmission of these documents, and the source does not appear on the face of the documents themselves. The Election Administrator has requested that the Hoffa campaign provide it with copies of the telephone bills for the telephone and fax telephone line for its Roosevelt Road office for August 2000. Those telephone bills have now been provided We have examined those telephone bills and find no evidence that the two facsimiles were transmitted to any IBT local from the Roosevelt Road office. Accordingly, there is insufficient evidence to establish a violation of the Rules by the Hoffa campaign as to that portion of the protests over which we retained jurisdiction.
For the foregoing reasons, the previously unresolved allegations of the protests are DENIED.
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, 10th Floor, Washington, DC 20005, all within the time period 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
2000EAD62
DISTRIBUTION LIST VIA FAX AND 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
645 Griswold
Penobscot Building
Suite 1800
Detroit, MI 48226
Tom Leedham c/o Stefan Ostrach
110 Mayfair
Eugene, OR 97404
Betty Grdina
Yablonski, Both & Edelman
1140 Connecticut Ave. NW
Washington, DC 20036
Jack Mandaro
IBT Local 95
7294 Merrimac Trail
Williamsburg, VA 23185