IN RE: HOFFA 2006, Protestor.
Protest Decision 2005 ESD 5
Issued: August 19, 2005
OES Case No. P-05-005-080305-HQ
The Hoffa 2006 campaign filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Teamsters for a Democratic Union engaged in campaign activity using funds improperly solicited or obtained under the Rules.
Election Supervisor representative Jeffrey Ellison investigated this protest.
Findings of Fact and Analysis
The protest alleged that TDU "has engaged in extensive and expensive activities with the purpose, object and foreseeable effect of influencing the election of candidates for office in the 2005-2006 IBT International Union Delegate and Officer Election." The protest further alleged that TDU "could not afford to engage in these activities" without resorting to "funds which may not be lawfully used in connection with the Election."
In support of its protest, the protestor cited the July/August 2005 edition of Convoy Dispatch, TDU's periodical, which included articles entitled "Members Prepare 2006 Campaign," "Atlanta Gathering Builds Forces for Change," and "Picnic to Build New England Campaign Network." The Atlanta article reported on an event occurring in that city on July 9, attended by 50 members from "across the South who share" the goals of "dump[ing] Hoffa in 2006 and build[ing] a stronger Teamsters union." The other articles announced upcoming campaign and fundraising efforts.
The protestor contends that these activities cost money and that, based solely on the protestor's unspecified "information and belief," TDU lacks sufficient funds derived from permissible sources to sponsor them. The protestor presents no other evidence that TDU has financed these activities with impermissible funds and concedes it has none.
We DENY the protest. Article XIII, Section 1 places the burden on the protestor "to present evidence that a [Rules] violation has occurred." To sustain this burden here, the protestor must present evidence that 1) campaign expenditures have occurred and 2) they have been funded from an impermissible source. The protestor has made a colorable presentation that TDU has incurred expenses in publicizing its campaign events and carrying out the Atlanta meeting. However, the protestor has offered no evidence that the funds expended to sponsor these activities are derived from an impermissible source, and so has failed to carry its burden. That alone is a sufficient basis to deny the protest. IBT members and other interested parties are reminded that a protest will be denied when the protester files a charge and fails to present evidence to support each essential part of the charge as the Rules require. In this case, the Election Supervisor further notes that his own investigation found no evidence to support the charges.
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 Supervisor 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 the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, c/o Orrick, Herrington, & Sutcliffe LLP, 3050 K Street, N.W., Washington, D.C. 20007-5135, all within the time prescribed above. A copy of the protest must accompany the request for hearing.
Richard W. Mark
Election Supervisor
cc: Kenneth Conboy
2005 ESD 5
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
David J. Hoffa
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48334
david@hoffapllc.com
Patrick J. Szymanski
General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
pszymanski@teamster.org
Bradley T. Raymond
Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman
32300 Northwestern Highway
Suite 200
Farmington Hills, MI 48334
braymond@fwslaw.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
barbaraharvey@comcast.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com