IN RE: ROY WHITE,
Protest Decision 2001 EAD 358
Issued: May 9, 2001
OEA Case No. PR040614SO
Roy White, a member of Local 682, 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 that a flyer supporting the UNITE slate in the Local 682 delegate election was distributed in violation of the Rules.
Election Administrator representative Dolores Hall investigated the protest.
Findings of Fact and Analysis
White is a delegate candidate on the RUN slate at Local 682. He received a flyer in the mail that contained a picture of General President Hoffa and urged support for the UNITE slate. The flyer indicated that the use of General President Hoffa's title was for identification purposes. The flyer was prepared by the Hoffa slate, while the UNITE slate paid for its reproduction and mailing costs.
We DENY this protest because the endorsement of the UNITE slate by Hoffa was indicated in the flyer as being in his individual capacity, and thus proper under Article VII, Section 11(b), and because there was no improper use of Hoffa slate funds to support the UNITE slate, but rather an expenditure permitted under Article XI, Section 1(b)(9)(B).
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 358
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 682
5730 Elizabeth Street
St. Louis, MO 63110
Ronald J. Wurst
UNITE Slate
6543 Bradley
St. Louis, MO 63139
Fred Littrell
2105 Ridgedale Drive
High Ridge, MO 63049
Thomas J. Wright
924 S. Old Potosi Road
Gerald, MO 63037
Bonnie Sonnenberg
3523 Bonsai Court
St. Louis, MO 63129
Roy White
674 Mater Die Lane
Florissant, MO 63031
Dolores Hall
1000 Belmont Place
Metairie, LA 70001