IN RE: GEORGE DANIELLO, Protestor.
Protest Decision 2006 ESD 291
Issued: June 7, 2006
OES Case No. P-06-246-040406-NE
George Daniello, member and president of Local Union 814, 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 members of the Slate for Change mailed literature and made telephone calls to Local Union 814 members yet never requested nor obtained member information from the local union.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact and Analysis
The protest stated that Local Union 814 never released any member information or provided labels for mailings, yet members received mailings and telephone calls from members of the Slate for Change. Several local union members contacted the protestor with concerns over how their information was obtained by the Slate for Change.
Investigation showed that the Leedham campaign provided membership information to local union member Walter Taylor, who used the information to distribute campaign material and make telephone calls in support of the Slate for Change. Article VII, Section 3(a) of the Rules permits "[u]se of a membership list in support of the election of delegate and/or alternate delegate candidates … provided that the list is used solely to advance the accredited or nominated candidate's campaign for nomination and/or election." The Leedham campaign complied with the requirements of Article VII, Section 3(a). In addition, Taylor executed an affidavit pledging to use the membership list only for the purposes permitted under the Rules. Such use of the membership list by the Leedham campaign is permitted. See Rhinier, 2006 ESD 126 (March 4, 2006), and authority cited therein. The protestor's contention that the Slate for Change must obtain the mailing list for the local union membership only from the local union is incorrect, as Rhinier makes clear.
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. 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 291
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
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
Stefan Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
George Daniello
President, Local Union 814
33-01 38th Avenue
Long Island City, NY 11101
Patricia Petrillo
115-04 150th Avenue
South Ozone Park, NY 11420
Teamsters for Change Slate
c/o Walter Taylor
P.O. Box 180021
Richmond Hill, NY 11418
David F. Reilly, Esq.
22 West Main Street
North Kingston, RI 02852
dreilly@rooltd.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com