Protest Decisions

IN RE: DAVID VAN ETTEN,
Protest Decision 2001 EAD 171
Issued: February 16, 2001
OEA Case No. PR020614MW

David Van Etten, a member of Local 734, 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"). Van Etten alleges that the executive committee of Local 734 had approved the purchase of tickets for a James P. Hoffa campaign fundraiser.

Election Administrator representative Dennis M. Sarsany investigated this protest.

The Rules state that:

No labor organization, including but not limited to the International Union, Local Unions and all other subordinate Union bodies, whether or not an employer, may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is to influence, positively or negatively, the election of a candidate....

Article XI, Section 1(b)(3).

Van Etten claims that at a Local 734 membership meeting in January 2001, the recording secretary reported that the executive committee of Local 734 had approved a campaign contribution to James P. Hoffa in the form of the purchase of tickets to a Hoffa fundraiser. Van Etten admitted that he was not at the meeting but was told this information by Robert Higdon, another member of Local 734, who was at the meeting. Higdon confirmed the statements made by Van Etten.

Brian Meidel, president and principal officer of Local 734, stated that Higdon had misunderstood the report that was given by the recording secretary at the membership meeting. A reference was made to General President Hoffa in the context of describing a testimonial dinner and dance honoring him that was given by the Irish American Labor Coalition ("IALC"), a subsidiary of the American Labor Committee for Human Rights in Northern Ireland, Inc. The executive board had approved a contribution to the IALC in the form of the purchase of two tickets to the dinner and dance that was held at the New York City Hilton and Towers Hotel on February 1, 2001.

Meidel submitted a copy of both the solicitation/invitation to the testimonial dinner and dance and the Local 734 check to show that the event was not campaign related. He stated that to the best of his knowledge, the IALC has no ties to the Hoffa campaign for re-election. Meidel claimed that he is aware of the rule against permitting locals to make campaign contributions and would not have authorized such an expense if he had any knowledge that the IALC was affiliated in any way with the Hoffa campaign.

The materials provided by Meidel are compelling and support his testimony. We credit the testimony of all witnesses and find that there was a genuine misunderstanding with regard to the expenditure made by the executive board.

For the foregoing reasons, the protest is 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 the parties listed above, as well as upon the Election Administrator for the International Brotherhood of Teamsters, 727 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005, all within the time period prescribed above. A copy of the protest must accompany the request for hearing.

William A. Wertheimer, Jr.

Election Administrator

cc: Kenneth Conboy, Election Appeals Master

Dennis Sarsany, Midwest Area Regional Director

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