IN RE: THOMAS BENNETT, Protestor.
Protest Decision 2006 ESD 97
Issued: February 24, 2006
OES Case No. P-06-151-021306-MW and P-06-160-020106-MW
Thomas Bennett, a member of Local Union 200, filed two pre-election protests pursuant to Article XIII, Section 2(b) of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules"). In OES Case No. P-06-151-021306-MW, he alleged that the Buban-Connell slate improperly used a local union membership list to conduct a phone bank in the delegate and alternate delegate election. In OES Case No. P-06-160-020106-MW, he alleged that the Buban-Connell slate improperly used a local union membership list for a campaign mailing.
Election Supervisor representatives Joe Childers investigated these protests.
Findings of Fact
The Buban-Connell Strong Contracts Good Pensions slate organized a phone bank and conducted a mailing of campaign literature in support of its campaign.
The protest alleged that the slate obtained the membership information by improper access to local union records, in violation of the Rules.
Investigation showed that the slate obtained a membership list for Local Union 200 from the Tom Leedham Strong Contracts Good Pensions slate. Candidate Leedham attained status as an accredited candidate on December 30, 2005. In that status, Leedham applied for and received a complete IBT membership list. Leedham executed an affidavit that stated that the list will not be used for any purpose other than advancing his candidacy. The Leedham campaign provided the Buban-Connell slate with the membership list for Local Union 200, and obtained an affidavit limiting the use of the list to the local union delegate and alternate delegate election. At the conclusion of that election, the list is to be returned to the Leedham campaign and no copies retained by any member of the local union.
To facilitate the phone bank, the Buban-Connell slate contracted a vendor to supply a phone match of the segment of members' names and addresses the slate sought to contact. After the vendor completed its task, no portion of the list was retained by the vendor. Following completion of the phone bank, all portions of the list were returned to the slate.
The literature mailing was done by hand-addressing the envelopes. No portion of the membership list was retained by the volunteers who addressed the envelopes.
Members of the Buban-Connell slate deny accessing local union records to obtain membership information. Investigation produced no evidence contradicting these denials.
Analysis
Article VII, Section 3 of the Rules authorizes the Election Supervisor "to release a copy of the [current IBT] membership list to an accredited or nominated candidate." The provision emphasizes the following:
No membership list may be used for any purpose other than advancing the accredited or nominated candidate's campaign for nomination and/or election. Use of a membership list in support of the election of delegate and/or alternate delegate candidates shall not constitute misuse of the list, provided that the list is used solely to advance the accredited or nominated candidate's campaign for nomination and/or election. In order to obtain a copy of the membership list, the accredited or nominated candidate must submit to the Election Supervisor an affidavit in a form approved by the Election Supervisor attesting that he/she will not use or permit use of the membership list for any purpose other than advancing that candidate's campaign for nomination and/or election and that he/she will not provide the list to nor permit inspection or copying of the list by any third parties.
Based on our investigation, we conclude that the list used by the Buban-Connell slate for campaign purposes was obtained from the Leedham campaign. We further conclude that all elements of the provision governing use of the list have been satisfied, and that the list has not been used for any purpose other than advancing the Leedham candidacy.
We further conclude that local union membership information was not accessed by the Buban-Connell slate or any of its members or supporters for a campaign purpose.
Accordingly, we 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 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 97
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 Bennett
337 Rubicon
Neosho, WI 53059
Tim Buban, Secretary-Treasurer
Local Union 200
6200 Bluemound Road
Milwaukee, WI 53213
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
William Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com