IN RE: LEEDHAM SLATE, Protestor.
Protest Decision 2006 ESD 311
Issued: June 28, 2006
OES Case No. P-06-296-062506-HQ
The Tom Leedham Strong Contracts Good Pensions slate 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 Hoffa campaign accepted an improper contribution from Bally's Hotel, in violation of the Rules.
Election Supervisor representatives Dolores Hall and Maria Giardini investigated this protest.
The protest alleged that on the morning of June 25, 2006, delegates from Local Union 89 found flyers had been delivered to their Bally's hotel room doors. The flyer, addressed to "Teamster Local 89 Delegates," invited members to attend a breakfast meeting that day with Walt Lytle and Ken Hall, respectively the Hoffa slate candidates for Central Region vice president and vice president at large. The protestor believed that the Hoffa slate obtained a list of room numbers of delegates and alternates and, if so, contended that providing hotel room numbers of delegates constituted an improper employer contribution by Bally's hotel.
Investigation showed that the Hoffa campaign gave multiple copies of the invitation to Bally's bell service and requested that the invitations be delivered to hotel guests the campaign identified. The bell service delivered the flyers as requested and charged the Hoffa campaign a non-discounted rate for doing so. The hotel did not provide a list of guests' room numbers to the Hoffa campaign.
By a letter to the Election Supervisor dated June 26, 2006, the Leedham slate requested to withdraw the protest.
Accordingly, we deem this protest WITHDRAWN.
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 311
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
Dolores Hall
1000 Belmont Place
Metairie, LA 70001
hall1000@cox.net
Maria Giardini
400 Fourth Avenue, SW
Suite 3000
Calgary, AB T2P 0J4
Canada
mfgiardini@davis.ca
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com