IN RE: TODD THOMPSON,
Protest Decision 2001 EAD 232
Issued: March 12, 2001
OEA Case No. PR030712NE
Todd Thompson, campaign manager for the Hoffa 2001 Unity slate (the "Hoffa campaign"), 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"). Thompson alleges that a name chosen by one slate running in Local 1150's delegate election will confuse voters in the local union delegate election and may have been created to divert votes from the slate endorsed by the Hoffa campaign.
Election Administrator representative Jason Weidenfeld investigated the protest.
Findings of Fact and Analysis
Two of the slates competing in Local 1150's upcoming delegate election have names indicating their support of the Hoffa campaign-"Teamsters for Hoffa" and "Delegates for Jim Hoffa slate." The Hoffa campaign argues that the Delegates for Jim Hoffa slate is not the "officially endorsed" slate, will confuse members, and "might very well have been created in order to divert votes from the legitimate Hoffa slate."
Ken Onofrio, the Delegates for Jim Hoffa slate representative, wrote to the Election Administrator stating that his slate does not intend to undermine any candidate. Onofrio also observes that it should not be surprising that two of the three slates running might support the same candidate for General President when only two people are running for that position.
We find no evidence that the Delegates for Jim Hoffa slate chose its name to confuse voters in violation of the Rules. Nor is this a situation where one slate has chosen a name that has historically been identified with a competing slate. See Dunning, P189 (October 13, 1995).
"The Election [Administrator] generally will permit parties a wide breadth in the selection of slate names, so long as the name is not chosen to materially mislead the voters." Owens, P628 (March 28, 1996). A slate may support the candidate of its choice, even if that candidate endorses another slate. Furthermore, the Rules provide all parties with ample time to educate the Local 1150 membership as to their views and their slate names.
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 232
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
Eugene, OR 97404
IBT Local 1150
150 Garfield Ave.
Stratford, CT 06615-7101
Todd Thompson
Hoffa Unity Slate
209 Pennsylvania Ave. SE
Washington, DC 20003
Ken Onofrio
343 Augusta Drive
Orange, CT 06477
Matthew E. Fitch
Merriman River Associates
2377 Whitney Ave.
2nd Floor Rear
Hamden, CT 06518
David F. Reilly
Reilly, Oliver & Olsen
22 W. Main St.
North Kingstown, RI 02852