IN RE: HOFFA 2006, Protestor.
Protest Decision 2006 ESD 320
Issued: July 9, 2006
OES Case No. P-06-295-062306-HQ
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, filed June 23, 2006, concerned "the CCERs for Period #4 recently filed by the Tom Leedham Slate and various Leedham slate candidates." The protest read as follows:
As you are aware, we obtained the ability to review the CCERs for Period #4 of all Leedham Slate individual candidates some time on June 20, 2006. However, we were unable to review the Leedham Slate CCER for this period due to an extension until June 22, 2006. As you know, it has been past practice of the individual Leedham Slate candidates to file "zeros" on their individual CCERs, with most contributions and expenditures recorded on the Leedham Slate CCER. We have noticed a number of discrepancies that may form the basis of a specific protest.
We file this protest and reserve the right to supplement it because the individual Leedham Slate candidates' CCERs must be reconciled with the Leedham Slate CCER received only yesterday.
On June 24, Hoffa 2006 filed a protest in OES Case No. P-06-297-062406-HQ based on information reported in the Leedham slate CCER for period #4. We decided that protest in Hoffa 2006, 2006 ESD 309 (June 26, 2006), appeal pending.
Hoffa 2006 has not made any additional filing that it identified or could reasonably be construed as a supplement to the instant protest. As the instant protest does not identify conduct or activity alleged to violate the Rules, 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. 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 320
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
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com