IN RE: JOE ZAINCHOWSKI, Protestor.
Protest Decision 2006 ESD 362
Issued: October 2, 2006
OES Case No. P-06-341-092606-HQ
Joe Zainchowski, a member of Local Union 1149, 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 IBT funded the mailing of campaign literature supporting the Hoffa campaign to members of Local Union 1149, in violation of the Rules.
Election Supervisor representative Jeffrey Ellison investigated this protest.
On September 18, 2006, Teamsters for Truth sent a one-page, two-sided campaign flyer supporting the Hoffa slate to members of Local Union 1149. The protest alleged that the flyer was sent at IBT expense.
Investigation showed that the flyer was prepared and financed by Joe Farrance, member and part-time organizer of Local Union 1149 and volunteer for the Hoffa campaign. Documents and receipts provided our investigator showed that Farrance prepared the flyer on his personal computer on personal time, that he printed and copied the flyer at personal expense, purchased envelopes with personal funds, inserted the flyers in the envelopes on personal time, and purchased and affixed postage to the envelopes with personal funds on personal time. Investigation further showed that Farrance made written request that the local union label and mail the sealed envelopes Farrance delivered to the local union office and that he reimbursed the local union for the costs of clerical time and labels the mailing consumed. Finally, investigation showed that Farrance wrote the Hoffa campaign after conducting the mailing, detailed the out-of-pocket costs he incurred and the value of his volunteer work in support of the campaign, and requested that his contribution be recorded and counted against his contribution limit under the Rules.
The post office box used as the return address for the mailing is rented to Steve Richmond, member and vice president of the local union. Richmond pays the rental cost from personal funds.
On September 29, 2006, the protestor, through his counsel, made written request to withdraw the protest. Accordingly, we deem the protest WITHDRAWN.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 362
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
Steve Richmond, Vice President
IBT Local Union 1149
7272 Van Buren Road
Baldwinsville, NY 13027
srichmond@teamsterslocal1149.org
Mimi Satter
Satter & Andrews, LLP
217 S. Salina Street, 6th floor
Syracuse, NY 13202
msatter@satterandrews.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com