IN RE: FRANK HALSTEAD, Protestor.
Protest Decision 2006 ESD 386
Issued: October 26, 2006
OES Case No. P-06-357-101806-HQ
Frank Halstead, a member and shop steward from Local Union 572, 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 an employer allowed a Hoffa bumper sticker onto its truck, in violation of the Rules.
Election Supervisor representative Steven Newmark investigated this protest.
Findings of Fact and Analysis
Protestor Halstead alleged he saw a Young's Market truck bearing 2 vertical orange Hoffa stickers. He saw the truck in the Echo Park area of Los Angeles traveling southbound on the I-2 Freeway toward the I-5 Freeway interchange. He was unable to obtain the license plate number or truck number. He stated the stickers, on the back of the truck, appeared somewhat faded, leading him to believe that they had been on the truck for a while.
Article XII, Section 1(b)(2) states in relevant part: "[n]o employer may contribute, or shall be permitted to contribute, directly or indirectly, anything of value, where the purpose, object or foreseeable effect of the contribution is influence, positively or negatively, the election of a candidate. No candidate may accept or use any such contribution…. These prohibitions extend beyond strictly monetary contributions made by an employer and include contributions or use of employer stationery, equipment, facilities and personnel."
Young's Market leases the trucks from Penske, Inc. and prohibits drivers from placing campaign stickers on them. Young's has agreed to vigorously enforce this policy by checking company property, including trucks, for stickers, and reminding drivers of the company's policy regarding stickers on company property. The protestor has agreed to this resolution.
Accordingly, we deem this protest 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
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 386
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
Frank Halstead, Shop Steward
IBT Local Union 572
260 La Follette Drive
Los Angeles, CA 90042-3512
fwhalstead@hotmail.com
Paul Kenny, Secretary-Treasurer
IBT Local Union 630
750 S. Stanford Ave.
Los Angeles, CA 90021-1468
Jim Santangelo, Secretary-Treasurer
IBT Local Union 848
818 Oak Park Road, Suite 200
Covina, CA 91724
Young's Market
2164 N. Batavia Street
Orange, CA 92865
Steven R. Newmark
Office of the Election Supervisor
1725 K Street, NW, Suite 1400
Washington, DC 20006
snewmark@ibtvote.org
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com