IN RE: TOM LEEDHAM RANK AND FILE POWER SLATE,
Protest Decision 2001 EAD 475
Issued: September 27, 2001
OEA Case No. PR091912CA
(See also Election Appeals Master decision 01 EAM 98)
The Tom Leedham Rank and File Power slate ("Leedham 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") against IBT Local 31. It alleges that Local 31 allowed the Hoffa Unity slate ("Hoffa slate") to use Local 31 resources for campaign purposes in violation of Article XI, Section 1(b)(6) of the Rules.
Election Administrator representative Gwen Randall investigated the protest.
Findings of Fact and Analysis
On August 20, 2001, Garnet Zimmerman, president of Local 31 and a Hoffa slate International officer candidate, wrote the Hoffa and Leedham slates offering use of Local 31 facilities and equipment "per the Local Union's policies in regards to applicable rent and/or usage of such items."
Ostrach says he received the letter on August 23. He also notes that the Local 31 letter issued "shortly before a scheduled visit by [candidate James P.] Hoffa to British Columbia, during which he made use of [Local 31's] facilities."
Ostrach faxed a letter to Local 31 on Saturday, August 25, 2001 addressed to Zimmerman. The letter says that the Leedham slate "may be interested in taking you up" on the offer to rent Local 31's facilities and equipment, and asks for the dates and times when commitments have already been made, "so that we may select an available time should we choose to do so." No follow-up by the Leedham slate with Local 31 occurred, other than the filing of the slate's protest.
Local 31's fax records show the local received a fax transmission from Ostrach on August 25. However, Zimmerman states that he never saw or heard of the letter from Ostrach until the filing of the instant protest. As corroboration, he offers testimony from two of the local union's clerical employees who are responsible for retrieving and distributing incoming faxes, and deny ever having seen Ostrach's August 25 transmission.
In addition, Zimmerman wrote Ostrach on September 21, after receiving the protest here, informed him of the misplaced fax, and set out the terms for rental of the local's resources, noting their availability to the Leedham campaign.
Without resolving the unanswered questions concerning the receipt and distribution, if any, of the Ostrach August 25 fax, we deem the protest RESOLVED on the basis set out in Zimmerman's September 21 letter. As that letter makes clear, the local's facilities are open to the Leedham campaign on the same basis as they were to the Hoffa campaign.
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 475
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
Todd Thompson
209 Pennsylvania Ave., SE
Washington, DC 20003
Matt Ginsburg
30 Third Avenue
Brooklyn, NY 11271
James L. Hicks, Jr., P.C.
Suite 1100
2777 N. Stemmons Freeway
Dallas, TX 75207
Garnet Zimmerman
IBT Local 31
1 Grosvenor Square
Delta, BC V3M 5S1
Canada
Gwen Randall, Q.C.
Suite 3300
421 Seventh Ave SW
Calgary, AB T2P 4K9
Canada