IN RE: HOFFA UNITY SLATE,
Protest Decision 2001 EAD 493
Issued: October 4, 2001
OEA Case No. PR100311NA
The Hoffa Unity slate ("Hoffa 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 the Tom Leedham Rank & File Power slate ("Leedham slate") and Teamsters for a Democratic Union ("TDU"). The protest alleges the Leedham slate improperly allowed TDU access to its membership list.
Election Administrator representative Jeffrey Ellison investigated the protest.
Findings of Fact and Analysis
The Hoffa slate bases its protest on a broadcast email from TDU that reads in part:
PHONE BANKING TO BEGIN
Phone banks will begin at sites across North America. If you can help and need info on your area, call us or the Leedham Campaign.
The Hoffa slate asserts this communication is proof that TDU has "access to the IBT membership lists" in violation of the Rules.
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 the accredited or nominated candidate may not "provide the list to nor permit inspection or copying of the list by any third parties."
Matt Ginsburg, campaign manager of the Leedham slate, has control of the slate's list. He states the list has not been and will not be supplied to TDU nor will TDU be permitted to inspect or copy it. Instead, phone-banking operations will proceed pursuant to the affidaviting procedure approved by the Election Administrator.
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 493
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
Jeffrey Ellison
65 Cadillac Square
Suite 3727
Detroit, MI 48226