Protest Decisions

IN RE: KENNETH WENHAM,
Protest Decision 2001 EAD 255
Issued: March 22, 2001
OEA Case No. PR022311WE

Kenneth Wenham, candidate for Local 690 delegate, 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"). He alleges Local 690 officials used union funds to finance campaign mailings.

Election Administrator representative Paige Keys investigated this protest.

Findings of Fact

Kenneth Wenham is a member of Local 690's UPS Contenders slate. During the campaign, he obtained a copy of a flyer that was mailed to members using Local 690 TITAN labels. The flyer criticized both Wenham and Deanna Tabish, another UPS Contenders slate member, but did not name the candidates responsible for its publication. The bottom of the flyer read: "Labor and Materials 100% donated By (sic) members of Local 690." Wenham says no one claimed responsibility for the mailing, and that there was no indication that any slate or independent candidate was responsible for the literature. He claims that the local violated the Rules by producing the labels for this distribution.

Justin Holliday, secretary-treasurer of Local 690 and candidate for delegate on the Unity Slate, admits he was responsible for the literature. He requested mailing labels from the local and receipts show that he paid for them using his personal credit card. The flyers and return address labels were printed at Office Depot and Papermill. Holliday also paid for these with his personal credit card. No Local 690 staff members assisted in the production or distribution of the flyers.

Holliday says that the sentence at the bottom of the flyer is accurate because he is a member of Local 690 and paid for the entire mailing.

Analysis

The Rules prohibit direct or indirect support of or attacks upon any candidate in union financed publications or communications. Article VII, Section 8. However, the Rules allow candidates to request mailing labels from locals for the distribution of campaign related materials, as long as the candidate pays for the cost of the mailing. Article VII, Section 7. We find that Holliday alone bore the cost for production and distribution of the mailing. No union resources were used. Accordingly, we DENY this 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 15^th Street, N.W., 10^th Floor, Washington, D.C. 20005 (fax: 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 255

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