IN RE: LEEDHAM SLATE, Protestor.
Protest Decision 2006 ESD 380
Issued: October 26, 2006
OESCase No. P-06-353-101306-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 Local Union 97 unlawfully endorsed the Hoffa 2006 slate in a local union shop steward letter issued to members employed by the New Jersey Turnpike Authority and the Garden State Parkway Commission, in violation of Article VII, Section 12 (b) of the Rules.
Election Supervisor representative Maureen Geraghty investigated this protest.
Findings of Fact
On October 10, 2006, Local Union 97 shop steward Sheri Ann Czajkowski emailed the October 2006 Turnpike Newsletter to all local union members employed by the New Jersey Turnpike Authority and the Garden State Parkway Commission. Approximately 200 members of the local union are employed with these two employers. The newsletter contained the statement: "Your Local 97 is endorsing the James P. Hoffa, C. Thomas Keegel and their entire slate for reelection." The newsletter also contained the directive "Vote for Hoffa" in large bold text.
Analysis
Article VII, Section 12(b) of the Rules declares that "a Local Union as such or the General Executive Board or an Executive Board of a Local Union as such may not endorse or otherwise advance a candidacy, even if all members agree on the endorsement or candidacy."
Local Union 97 admitted that it violated the Rules by endorsing the Hoffa 2006 slate for IBT International office in the October 2006 Turnpike Newsletter. The local union immediately agreed to send campaign literature to all members employed by the Turnpike Authority and Parkway Commission, via email. The local union also agreed to email the attached letter to all members. Both the email and the campaign literature were issued on October 19, 2006. Based on the foregoing facts, the protest is RESOLVED.
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 380
LETTER TO ALL MEMBERS OF TEAMSTERS LOCAL UNION 97 EMPLOYED WITH THE NEW JERSEY TURNPIKE AUTHORITY AND GARDEN STATE PARKWAY COMMISSION
On Friday October 13, 2006, a protest was filed alleging that Local 97 had violated the Rules for the 2005-2006 IBT International Union Delegate and Officer Election ("Rules") by sending out a Local 97 Shop Steward newsletter, via email, which endorsed the candidacy of the Hoffa 2006 slate for IBT International union office. It is a serious violation of the Rules for a local union to endorse any candidate or group of candidates for IBT international office. It is also a serious violation of the Rules for local union resources in the form of staff time, supplies or computers, to be used to support anyone's candidacy. All IBT members have the right to support the candidate of their choice and it is improper for Local Union 97 to attempt to influence Teamster members in their choice of candidates.
The Election Supervisor has found that by sending out the shop steward newsletter, Local 97 improperly endorsed a group of candidates, in violation of Article VII, Section 12 (b) the Rules. As a remedy, the Office of the Election Supervisor has directed that "Tom Leedham -Strong Contracts Good Pensions Slate" campaign literature be distributed to NJ Turnpike and Garden State employees, via email. A copy of that literature is attached to this email message. Ballots for the election of IBT International Officers were mailed October 6, 2006 and in order to have your vote counted, your voted ballot must be received by the Office of the Election Officer no later than November 14, 2006. If you did not receive a ballot and want to exercise your right to vote, please call 1-888-IBT-2006 and a ballot will be mailed to you immediately. It is a serious violation of the Rules for anyone, including a Union member, officer, business agent, steward or other person, to interfere with your independent right to determine how you will cast your vote. That includes any solicitation by any individual to mark or mail your ballot for you. If you witness or obtain evidence of any such conduct, please contact the Office of the Election Supervisor immediately at either www.ibtvote.org or call our toll free number at 888-IBT-2006.
Yours truly,
Richard W. Mark
Election Supervisor
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
Sheri Czajkowski, Shop Steward
IBT Local Union 97
485 Chestnut Street
Union City, NJ 07083
John J. Gerow, President
IBT Local Union 97
485 Chestnut Street
Union City, NJ 07083
Maureen Geraghty
The Geraghty Law Firm
426 Old Salem Road
Winston-Salem, NC 27101
mg@geraghtylawfirm.com
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com