IN RE: HOFFA UNITY SLATE,
Protest Decision 2001 EAD 352
Issued: May 7, 2001
OEA Case No. PR040613MW
The Hoffa Unity slate 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"). The protest alleges that the Sladek Reform Team Local 734 delegate slate (the "SRT slate") received an employer contribution in support of its campaign, in violation of Article XI, Section 1(b)(2) of the Rules.
Election Administrator representative Dennis Sarsany investigated the protest.
Findings of Fact and Analysis
Sladek is a member of Local 734 and an unsuccessful candidate for delegate on the SRT slate. His running mate David Van Etten arranged for the creation of a "free" slate website with the assistance of his co-worker Bob Martin, in whose name the site was obtained. In exchange for the site, provider 20m.com ran advertisements on the site, from which it generated revenue. 20m.com has an advertising sales staff and is thus an employer. Such websites are available through 20m.com to any person or entity that will allow such advertising. 20m.com retains all advertising revenue. Martin says that he could have selected an ad-free site, but would have required payment of a monthly fee.
The SRT website contains and thus publicizes slate campaign materials. Banner ads display at the top of each page. While the 20m.com website states that advertising "will make every effort to display advertising relevant to the content of user web pages," what is displayed are general ads as one might see on any website. The sign-up form for free web space requires a name, email address and a few personal statistics that one can assume are marketed as part of email list sales.
Based on the foregoing, we DENY the protest. The SRT slate did not receive a contribution from 20m.com. Instead, it obtained a website through a commercially reasonable barter arrangement available to members of the public at large. Under that arrangement, the slate received a website and a domain name in return for its agreement to allow advertising to be displayed on that site, from which 20m.com received its profit.
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 (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 352
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 734
300 S. Ashland Ave.
Room 306
Chicago, IL 60607
Todd Thompson
Hoffa Unity Slate
209 Pennsylvania Ave. NW
Washington, DC 20003
John Sladek
2613 W. 75th Street
Woodridge, IL 60607
Dennis Sarsany
1829 Eddy Street
Chicago, IL 60657