IN RE: THOMAS CLAIR, Protestor.
Protest Decision 2006 ESD 88
Issued: February 23, 2006
OES Case No. P-06-115-020106-MW
Thomas Clair, member and delegate candidate of Local Union 726, 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"). He alleged that the F.E.F.A. slate violated the Rules by selecting a slate name similar to Clair's Fair and Equity slate.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
The Fair and Equity slate has competed in various elections at Local Union 726 since the slate was first formed in 1993. Protestor Clair timely submitted a slate declaration form bearing that name for the local union's delegate and alternate delegate election.
Another slate submitted a slate declaration form bearing the name "F.E.F.A." The form did not indicate what the initials signified. Subsequently, F.E.F.A. supporters distributed campaign literature that read in part as follows:
F. E. F. A.
Fair
Equitable
For
AllThank you in advance for your support
Remember, we will be Fair and Equitable For All
The flyer identified the slate members as Carlos Sanchez, Tres Peel, Michael (BUZZ) Edwards, Ray Erickson, and Don Bellheimer.
Although this campaign flyer gave a definition for the F.E.F.A. initials, the name that appears on the slate declaration form and that will appear on the election ballot is "F.E.F.A."
A slate will not be permitted to select a name that historically is associated with another slate or is otherwise likely to mislead voters. Thompson, 2001 EAD 232 (March 12, 2001); Dunning, P189 (October 13, 1995). We would not hesitate to find a violation had F.E.F.A. sought to run under the name "Fair and Equity For All," for such a name is substantially similar to the Fair and Equity slate name historically used by Clair. Here, however, the slate has chosen the name "F.E.F.A.," and we find little likelihood that voters will confuse that name with the Fair and Equity slate.
Accordingly, we DENY the 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 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
885 Third Avenue, Suite 1000
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, 1725 K Street, N.W., Suite 1400, 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
2006 ESD 88
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
braymond@teamster.org
Sarah Riger, Staff Attorney
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001-2198
sriger@teamster.org
David J. Hoffa, Esq.
Hoffa 2006
30300 Northwestern Highway, Suite 324
Farmington Hills, MI 48834
David@hoffapllc.com
Barbara Harvey
645 Griswold Street
Suite 3060
Detroit, MI 48226
blmharvey@sbcglobal.net
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210
ken@tdu.org
Judith Brown Chomsky
P.O. Box 29726
Elkins Park, PA 19027
jchomsky@igc.org
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Thomas P. Clair
103 Andover Drive
Prospect Hills, IL 60070
John Falzone
15 E Cedar Creek Court
Palos Heights, IL 60463
Kenneth Brantley
21314 Bern Owl
Matteson, IL 60443
John Hurley
11546 Lake Shore Drive
Orlando Park, IL 60467
Linda Cruz
3500 S Sangamon Street
Chicago, IL 60609
Anthony Fiori
13028 Blue Grass Drive
Lemont, IL 60439
Michael Melone
1448 Hodlmair Ct
Elk Grove Village, IL 60007
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
Bill Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com