IN RE: HOFFA 2006, Protestor.
Protest Decision 2006 ESD 309
Issued: June 26, 2006
OES Case No. P-06-297-062406-HQ
(See also Election Appeals Master decision 06 EAM 56)
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 the Tom Leedham Strong Contracts, Good Pensions slate ("Leedham slate") accepted a campaign contribution to the slate's Legal and Accounting Fund in violation of Article XI, Section 1(5) of the Rules.
Findings of Fact
The Leedham slate Schedule A-1 for the reporting period ending May 31, 2006 reported that Joseph F. Coyne, Jr. contributed $10,000 to the slate's Legal and Accounting Fund. The contribution was made by check dated January 20, 2006 and was reported received by the Leedham slate on February 1, 2006. Coyne completed and signed an Election Supervisor Form 23, also dated January 20, 2006, certifying that his contribution complied with the requirements of Article XI Section 1(5) of the Rules. Specifically, by signing Form 23 Coyne represented that he personally, his immediate family, and all businesses in which he is more than a 5% owner, partner or shareholder:
• have not contributed more than $10,000 to any candidate or slate's legal and accounting fund in this election;
• are not party to a collective bargaining agreement with the IBT or any IBT subordinate body;
• are not the subject of any organizing campaign by the IBT or any IBT subordinate body; and
• have not provided any goods or services to the IBT or any IBT subordinate body within the last 12 months.
Coyne, an attorney, is a partner with Sheppard Mullin, a large law firm employing approximately 500 attorneys, with offices in seven California cities, plus New York and Washington, D.C. Coyne was interviewed on June 26, 2006. He stated that his contribution was made from personal funds. He further stated that neither his law firm, nor his or the firm's clients were aware of the contribution at the time it was made and were still not aware of it on the date he was interviewed on June 26, 2006. Coyne provided a copy of the front and back of his cleared contribution check, showing that the contribution was drawn on his personal account.
Coyne explained that he made the contribution when he learned, at the funeral of his brother, that his cousin, Chris Roos, was running for union office. Coyne's father was a union member and shop steward in Indian Orchard, Massachusetts and Coyne recalled accompanying him to the union hall. Coyne stated that his motivation for making the contribution was purely personal and family-based. He stated that the contribution was neither encouraged by nor made on behalf of his law firm or the firm's clients.
Hoffa 2006 offered no evidence or witnesses to support the its allegation that Coyne's contribution was a contribution of an interested employer.
Analysis
The Rules permit nonmembers to contribute up to $10,000.00 to pay for legal and accounting services performed in assuring compliance with applicable election laws, rules, or other requirements or in securing, defending or clarifying the legal rights of candidates so long as the nonmember also satisfies the particular source limitations in the Rules.
Coyne is a nonmember who made an allowable contribution. Therefore, 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 309
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
Stephen Ostrach
1863 Pioneer Parkway East, #217
Springfield, OR 97477-3907
saostrach@gmail.com
Joseph F. Coyne, Jr.
126 Ash Dale Avenue
Los Angeles, CA 90049
J. Griffin "Griff" Morgan
Elliot, Pishko, Morgan
426 Old Salem Road
Winston-Salem, NC 27101
jgmorgan@epmlaw.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com