IN RE: HOFFA 2006, Protestor.
Protest Decision 2006 ESD 153
Issued: April 3, 2006
OES Case No. P-05-047-120905-SO
(See also Election Appeals Master decision 06 EAM 39)
Hoffa 2006 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 that Willie Hardy, an employee of Teamsters for a Democratic Union ("TDU"), collected petition signatures for the Tom Leedham slate, and that TDU made an improper contribution by paying Hardy to campaign.
Election Supervisor representative Dolores C. Hall investigated this protest.
Findings of Fact
The protestor alleged that TDU made an improper contribution to the Leedham campaign by paying Hardy to campaign for Leedham. Specifically, the protest claimed:
Mr. Hardy has been an employee of TDU for several months and is now traveling around the Southern Region of the IBT collecting petition signatures for the Tom Leedham Slate. As a non-Teamster member, Mr. Hardy is violating the Rules by collecting petitions. Further, TDU is making an improper contribution to the Leedham campaign by paying Mr. Hardy to campaign for Leedham. Mr. Hardy does not appear on the TDU CCERs as an employee.
In Hoffa 2006, 2006 ESD 44 (December 30, 2005), we denied a protest alleging that Hardy had collected accreditation petition signatures on behalf of the Tom Leedham slate.
Investigation showed that Hardy is not and has not been employed by TDU. Rather, he is an employee of Teamsters Rank & File Education and Legal Defense Foundation (TRF). TDU reimburses TRF periodically for the services Hardy and other TRF employees provide to TDU.
The protest was not specific as to the dates of alleged improper activity, and the protestor provided no additional evidence in support of the protest. However, Hardy was in the Southern Region of the IBT during November 2005, and the protest claimed that the alleged improper activity occurred in the Southern Region. Accordingly, lacking any other evidence to guide the investigation, our forensic accountants reviewed Hardy's time sheets and monthly expense allocations for November 2005. The audit revealed that Hardy was in non-pay status for eleven days in November. Of the 84¼ hours in November for which Hardy was paid, 193⁄8 were devoted to campaigning on 8 separate days. Subtracting 35⁄8 hours devoted to campaigning at the TDU convention held in St. Louis on November 4, 5 and 6, Hardy spent 15¾ hours campaigning in the Southern Region in November. The greatest number of hours spent on such campaign activities on a given day was 6 hours; the smallest was 1¼ hours. TRF was reimbursed for all of this campaign time (as well as the campaign time spent at TDU's convention) from TDU's election account, which is funded with contributions permitted by the Rules. The campaign time Hardy spent in the Southern Region in November was in support of members who solicited accreditation signatures for the Leedham campaign. As we previously held in Hoffa 2006, supra, Hardy did not collect the signatures himself; rather, he encouraged members to sign the petitions circulated by those members with whom he campaigned.
As noted by the protestor, Hardy's name did not appear on TDU's CCER for the period that included November 2005. As Hardy is an employee of TRF, the staff cost and travel expenses associated with his services are included in the CCER entry that documents TDU's reimbursement to TRF for that period.
Finally, as we noted in Hoffa 2006, supra, Hardy is not an employer.
Analysis
We address the protest's allegations in the order they were made. First, contrary to the protestor's assertion, Hardy is not an employee of TDU; instead, he is employed by TRF. When he performs campaign services for TDU, TDU has reimbursed TRF for the staff costs and travel expenses associated with such services.
Second, although Hardy traveled in the IBT's Southern Region to campaign in behalf of Leedham, we previously held that he did not collect accreditation signatures for the Leedham campaign. Id. No evidence has been presented that would cause us to revisit this finding now.
Third, the protestor asserts that TDU has made an improper campaign contribution to the Leedham campaign by paying Hardy to campaign for Leedham. However, nothing in the Rules prohibits an independent committee from paying an individual to campaign for a candidate for International office. The protestor has not cited any provision of the Rules to the contrary.
Finally, while the protestor is correct that Hardy's name does not appear on TDU's CCER for the relevant period, this fact is explained by his status as an employee of TRF and TDU's reimbursement to TRF for the costs of the election-related activity.
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 153
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
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
275 Seventh Avenue, Suite 2300
New York, NY 10001
dclifton@lcnlaw.com
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Willie Hardy
137 Sullivan Cove
Memphis, TN 38109-4545
Dolores C. Hall
1000 Belmont Place
Metairie, LA 70001
Email: hall1000@cox.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com