IN RE: WAYNE FERNICOLA,
Protest Decision 2001 EAD 492
Issued: October 4, 2001
OEA Case No. PR100114AT
(See also Election Appeals Master decision 01 EAM 101)
Wayne Fernicola, principal officer of Local 177, 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 the Tom Leedham Rank & File Power slate ("Leedham slate"). The protest alleges the Leedham slate improperly permitted its membership list to be used by a slate of candidates in the local's officer election.
Election Administrator representative Jeffrey Ellison investigated the protest.
Findings of Fact and Analysis
The officer election pits Fernicola's Executive Board slate against the Rank & File Power slate. Fernicola reports that members and supporters of the Rank & File Power slate have called a wide range of members urging support for their slate. Fernicola does not know how his opposition acquired phone lists but "suspect[s] that the Leedham Slate has made available the list of members and their addresses … for use in our local election," noting that his opposition has aligned itself with the Leedham slate.
Under Article VII, Section 3, the Leedham slate, as accredited and nominated candidates for International office, are periodically supplied with complete membership lists of the IBT. That section declares that "[n]o membership list may be used for any purpose other than advancing the accredited or nominated candidate's campaign for nomination and/or election."
Matt Ginsburg, campaign manager of the Leedham slate, has control of the slate's list. He states that the list has not been supplied to anyone associated with or involved in Local 177.
John Winzenreid, spokesperson for and candidate on the Rank & File Power slate, denies receiving the telephone list from the Leedham slate. He states his slate and its supporters created the list through a broad effort of asking members directly for their telephone numbers.
We find no violation of the Rules and 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 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 492
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
Wayne Fernicola
Local Union 177
282 Hillside Avenue
Hillside, NJ 07205
David Rivera
5 Maple Lane
Bordentown, NJ 08505
John Winzenreid
8 Clover Hill Road
Flemington, NJ 08822
Jeffrey Ellison
65 Cadillac Square
Suite 3727
Detroit, MI 48226