IN RE: HOFFA 2006 and TERRY SELL, Protestors.
Protest Decision 2006 ESD 222
Issued: May 4, 2006
OES Case Nos. P-06-188-022806-MW and P-06-190-022806-MW
Hoffa 2006 and Terry Sell 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"). The protests alleged that J.D. Jackson, member and delegate candidate from Local Union 299, violated the Rules by filing a pre-election protest on behalf of "the U.T.A.H. slate," which the protestors contend does not exist. The protests further allege that Jackson violated the Rules by using an employer-provided fax machine to transmit his pre-election protest to the Election Supervisor.
We consolidated these protests for investigation and decision. Election Supervisor representative Joe F. Childers investigated these protests.
Findings of Fact and Analysis
Jackson filed the protest in OES Case No. P-06-168-022206-MW, alleging that Election Services Corporation, the organization retained by Local Union 299 to conduct its delegate and alternate delegate election, failed to provide information to him concerning the number of ballots printed and mailed in that election. The protest stated that it was filed "on behalf of the U.T.A.H. slate against Local 299" and was signed by Jackson. The protest was faxed by Jackson to our office. The data on the margin of the fax that indicated the fax's origin read "Allied Systems." Allied Systems is a Teamsters employer and signer of the National Master Freight Agreement.
The protest filed by Hoffa 2006 alleged that "there is no such thing as the 'UTAH Slate' in the Local 299 delegate election, and therefore this purported entity lacks the capacity to file such a protest." The protest further alleged that Jackson's use of Allied Systems' fax machine to file his protest constituted an impermissible employer contribution to his campaign and argued that he "should be made to disgorge this improper in-kind contribution."
The protest filed by Sell alleged that use of the Allied Systems fax machine constituted an improper employer contribution and, further, that "Jackson has declared himself as part of the Teamsters for Change Slate but filed his protest under the U.T.A.H. Slate."
We deemed Jackson's protest in the underlying matter resolved in Jackson, 2006 ESD 131 (March 6, 2006), aff'd, 06 EAM 26 (March 26, 2006).
In Hoffa 2006, 2006 ESD 172 (April 6, 2006), we considered and denied a protest alleging that UTAH, an acronym for United Teamsters Against Hoffa, was an independent committee that had improperly failed to file a CCER. We held that, while Local Union 299's election was pending (the period also relevant to the instant protests), UTAH was a campaign committee controlled by delegate candidates that included Jackson. Delegate candidates and slates are not required to file CCERs. No appeal was taken from that decision.
The slate declaration form for the slate to which Jackson belonged indicated a slate name of Teamsters for Change. The UTAH website, www.utah2006.org, listed "Local 299 Members for Change" as "Members of U.T.A.H." The URL for the Members for Change website is www.jdjacksonslate.com, a designation that incorporates Jackson's name.
Whether Jackson filed the protest in Case No. P-06-168-022206-MW as an individual or as a member or representative of a campaign committee to which he belonged, we find he had the right to file the protest under Article XIII, Section 1 of the Rules. Accordingly, we DENY this aspect of the protests.
With respect to the allegation that Jackson used a fax owned by Allied Systems to file a protest, investigation shows this to be the case. However, we do not find that such use violates the Rules with respect to the filing of protests. Our precedents demonstrate that use of a union fax machine to file protests does not violate the Rules' prohibition on use of union resources to support a candidate. See Evans, 2006 ESD 201 (April 22, 2006), and decisions collected there. For the same reason that use of a union fax to file a protest does not violate the Rules, use of an employer fax for the same purpose is permitted. Accordingly, we DENY this aspect of the protests as well.
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. 20006-1416, 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 222
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
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
Terry Sell
22341 Sherwood
Belleville, MI 48111
J.D. Jackson
2741 Trumbull Ave.
Detroit, MI 48216
Kevin Moore, President
Local Union 299
2741 Trumbull Avenue
Detroit, MI 48216
Joe F. Childers
201 West Short Street, Suite 310
Lexington, KY 40507
childerslaw@yahoo.com
William C. "Bill" Broberg
1108 Fincastle Road
Lexington, KY 40502
wcbroberg@aol.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com