Protest Decisions

IN RE: TOM LEEDHAM RANK AND FILE POWER SLATE,
Protest Decision 2001 EAD 426
Issued: August 20, 2001
OEA Case No. PR081411CA

The Tom Leedham Rank & File Power slate (the "Leedham slate"), filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules of the 2000 - 2001 IBT International Union Delegate and Officer Election ("Rules"). It alleges Joint Council 36 in Vancouver, British Columbia changed a union sponsored event to suit the needs of a James P. Hoffa campaign fundraiser. It further alleges that the Hoffa campaign contrived a "union business" reason for Hoffa to travel to Edmonton, Alberta for the purpose of campaigning and campaign fundraising.

Election Administrator representative Gwen Randall investigated the protest.

Findings of Facts and Analysis

The Leedham slate alleges in the protest that the Teamsters Joint Council 36 annual golf tournament in Vancouver was rescheduled for the convenience of a Hoffa campaign fundraiser taking place on the evening of Friday, August 24, 2001. Attached to the protest is the announcement of the golf tournament and a blank registration form. The announcement describes the event as "our annual charity golf tournament" to "help support abused children residing at the Children's Foundation Esther Irwin Home". Tickets are $200 per player and/or $500 to sponsor a hole. Ticket purchases include registration, gifts, cash prizes, lunch after nine holes, dinner and a prize for each participant. The registration form notes that registration will commence at 10:00 a.m. on August 24, 2001 at the Mayfair Lakes Golf Course. Tee times are from 10:57 a.m. to 1:48 p.m. with dinner at 7:00 p.m.

Garnet Zimmerman, Vice President of Joint Council 36, advised our investigator that the Hoffa campaign has arranged two fundraising events to take place in Vancouver: one on the evening of Thursday, August 23, and the second on the evening of Friday, August 24. According to Zimmerman, both events are sponsored by the Hoffa campaign and Hoffa is travelling at campaign expense. Zimmerman personally arranged the hotel accommodation in Vancouver.

Zimmerman also advised that the Joint Council 36 charity golf tournament has been held on the second last Friday in August for many years. Registration for the golf tournament is not limited to members of the IBT. Suppliers and others who provide services to the Joint Council and IBT Locals in the Vancouver area are also invited to register. The greatest number of registrants are IBT members. It is intended that Hoffa will play in the tournament at his own expense. The news that Hoffa will participate has increased the number of registrants for the golf tournament. Usually, there are 80 registrants. This year the joint council has received 140 registrations. Because of this, the golf course has agreed to provide a "shot gun start" to the tournament commencing at 8:00 a.m. as opposed to a series of tee times commencing at 10:57 a.m. as set out in the registration form. This is the only change in the format of the golf tournament. We DENY the protest allegation challenging this change in the golf tournament format because we find that it was undertaken solely because of the increased number of participants from prior years.

The Leedham slate alleges that Hoffa is scheduled to visit Edmonton, Alberta on August 25, 2001 for a campaign rally. A news story in the Edmonton Sun, a local newspaper, indicates that the president of another union in Edmonton has been invited to meet with Hoffa during this trip. The protest alleges that the meeting with the other union leader is a "union business" excuse for Hoffa to travel to Edmonton at the union's expense.

This allegation is factually unfounded and DENIED. Roy Finley, secretary-treasurer of Local 362, who arranged the campaign rally in Edmonton for August 25, 2001 advised the investigator that Hoffa's travel expenses are being borne by the Hoffa campaign. Garnet Zimmerman, candidate for Canadian Vice-President on the Hoffa Unity slate, will accompany Hoffa to Edmonton at his own expense for the campaign rally. No union resources will be used for this travel.

The rally is an afternoon event. Local 362 has arranged a cocktail reception in Edmonton for the evening of August 25, to which leaders from other trade unions in the Edmonton area are invited to meet Hoffa. The event is sponsored by Local 362. The union leader referred to in the article in the Edmonton Sun has been invited to attend the cocktail reception. He has not been invited for a one-on-one meeting with Hoffa. Finley said that the reason the local wished to sponsor the cocktail reception was that international presidents of the IBT have rarely visited Alberta and that the local wished to take the opportunity to allow other union leaders to meet with Hoffa. The only members of the Teamsters who will be present are Alberta local officers and business agents. The majority of the attendees will be from other trade unions. There is no evidence at this point indicating that the cocktail reception planned for Edmonton on August 25 is a campaign event, or intended to promote the candidacy of any individual.[1]

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, Esq.
Latham & Watkins
Suite 1000

885 Third Avenue
New York, NY 10022

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 at 727 15^th Street NW, Washington, DC, 20005 (fax: 212-751-4864) 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 426

DISTRIBUTION LIST (BY UPS NEXT DAY AIR UNLESS OTHERWISE SPECIFIED):

[1]   The golf tournament and the cocktail reception are union-sponsored events supported by union resources.   There is no evidence that campaigning will occur at either event, and we will not assume for purposes of this protest decision that such will occur.  However, this decision does not preclude the filing of a protest that challenges campaign activity occurring during the course of either of these events as a violation of the Rules.