IN RE: JOHN KIRK MISICH, Protestor.
Protest Decision 2006 ESD 175
Issued: April 10, 2006
OES Case Nos. P-06-154-021706-FW
John Kirk Misich, a member of Local Union 174, 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 Rick Hicks either failed to report a contribution or received an improper contribution, in violation of the Rules.
Election Supervisor representative Christine M. Mrak investigated this protest.
Findings of Fact
The protest contends that a campaign mailing sent in behalf of the Rick Hicks slate violates the Rules. The mailing depicts Tom Leedham with a wrecking ball and urges members not to elect delegates who support Leedham and specifically not to support the "Dan Scott Power Slate."
The protestor asserts that Hicks denied knowledge of the source of the mailing. Based on Hicks' statement, the protestor alleged that Hicks either failed to report a contribution or the contribution that funded the mailing was improper.
Investigation showed that the campaign mailing was funded and mailed by Hoffa 2006, using a mailing list transferred by our office to accredited candidate James Hoffa pursuant to Article VII, Section 3(a) of the Rules. Investigation further showed that the mailing was funded from permissible contributions made to the Hoffa campaign.
Analysis
Article VII, Section 3(a) of the Rules grants accredited candidates the right to use the IBT membership list obtained from our office "in support of the election of delegate and/or alternate delegate candidates."
In Baudo, P702 (May 10, 1996), Election Officer Quindel stated that an "accredited candidate for International office is clearly acting in his/her own interests by using the list to elect delegates who are pledged or who, in the candidate's view, are likely to vote for that candidate's nomination," citing Dalton , 91 Elec.App. 79 (February 27, 1991). Quindel observed further that such usage is expressly recognized by the Rules.
Here, the campaign mailing in support of the Rick Hicks slate was paid for from permissible contributions made to the Hoffa 2006 campaign and used a membership list the Hoffa 2006 permissibly held. Where the Hoffa 2006 campaign concluded that election of the Rick Hicks slate will advance the campaign of its candidates for International office, the mailing did not violate the Rules.
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 175
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
John Kirk Misich
16218-33rd Avenue SE
Mill Creek, WA 98012
Rick Hicks
13623 SE 267th Pl.
Kent, WA 98042
Dan Scott, Secretary-Treasurer
Teamsters Local 174
14675 Interurban Avenue S.
Suite 303
Tukwila, WA 98168-4652
Christine M. Mrak, Esq.
2357 Hobart Avenue, SW
Seattle, WA 98116
cmm@wmblaw.net
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com