IN RE: ANTHONY SMITH and LEEDHAM SLATE, Protestor.
Protest Decision 2006 ESD 395
Issued: November 12, 2006
OES Case No. P-06-364-110806-HQ
(See also Election Appeals Master decision 06 EAM 78)
Anthony Smith, a member of GCC Local 404M, 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 Joseph O'Connor openly endorsed the Hoffa 2006 slate in his capacity as International Vice President of the GCC at GCC Local 404M's annual meeting, in violation of the Rules. The Tom Leedham Strong Contracts, Good Pensions slate also filed a pre-election protest alleging the same Rules violations by O'Connor. We consolidated these protests for docketing, investigation, and decision.
Election Supervisor representative Steven R. Newmark investigated this protest.
Findings of Fact and Analysis
The annual meeting of GCC 404M was held on November 5, 2006 in Monrovia, California. O'Connor attended the meeting and addressed members in his capacity as International Vice President of the GCC.
During the meeting, GCC 404M President Doug Brown took questions from members in attendance. A member asked Brown whom he should vote for in the IBT International officer election, and Brown responded by saying it was improper to endorse any candidates in that forum. O'Connor then proceeded to tell the members "that the [GCC] conference president is on the Hoffa Slate, so naturally we support the Hoffa Slate."
Article VII, Section 12(b) of the Rules states that union officers retain the right to participate in campaign activities and openly support or oppose any candidate. "However, such campaigning must not involve the expenditure of Union funds … An endorsement of a candidate may be made by a Union officer or employee, but solely in his/her individual capacity. The Union or 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 of a candidate." Article VII, Section 12(c) prohibits use of union facilities to support a candidate.
O'Connor violated Article VII, Section 12(b) by using his position as GCC International vice president to endorse the Hoffa slate and implying that the GCC as an organization supported that slate. Further, O'Connor violated Article VII, Section 12(c) by using union facilities, i.e., the podium at a union meeting, to make the endorsement under circumstances where no other candidate or candidate representative had notice, express or implied, that political speech would be permitted in that forum. The use of O'Connor's position as International Vice President of the GCC, along with his implication that the GCC supported the Hoffa slate was improper under the Rules. See Ostrach, 2006 ESD 355 (September 26, 2006).
Accordingly, we GRANT this protest.
Remedy
When the Election Supervisor determines that the Rules have been violated he "may take whatever remedial action is appropriate." Rules, Article XIII, Section 4.
As remedy, we order O'Connor to cease and desist from any further violation of the Rules. We also order the GCC International union to mail the notice attached to this decision by first class mail to all GCC members who attended the annual meeting of GCC Local Union 404M on November 5, 2006. The mailing must be completed within 3 working days of the date this decision is received by Local Union 404M. O'Connor must submit an affidavit of compliance with this mailing within 2 working days after the mailing is completed.
We recognize that the notice we order here will arrive after the date that the tally of ballots in the International officer election has commenced and therefore cannot remedy the potential impact on members' views of candidates that O'Connor's violation may have caused. The purpose of the notice serves the remedial goal of informing members of the requirements of the Rules. We reserve any further remedy to post-election procedures under Article XIII, Section 3(b) of the Rules.
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 395
NOTICE TO ALL GCC MEMBERS WHO ATTENDED THE ANNUAL MEETING OF GCC LOCAL UNION 404M ON NOVEMBER 5, 2006
The Rules for the 2005-2005 IBT International Union Delegate and Officer Election ("Rules") prohibits a union officer from using his office to endorse a candidate for International office. The Rules further prohibit use of union resources to support or oppose any member's candidacy for International office.
The Election Supervisor will not permit any such violation of the Rules.
The Election Supervisor has found that GCC International Vice President Joe O'Connor, addressing the annual meeting of GCC Local Union 404M on November 5, 2006, endorsed candidates for International office, in violation of the Rules. The Election Supervisor has ordered Vice President O'Connor to cease and desist from such violation of the Rules.
Each member of the IBT has the right to vote for the International officer candidates of their choice. The election is conducted by secret ballot.
The Election Supervisor has ordered the GCC International Union to mail this notice to all GCC members who attended the annual meeting of GCC Local Union 404M on November 5, 2006.
Any protest you have regarding your rights under the Rules or any conduct by any person or entity which violates the Rules should be filed with Richard W. Mark, Election Supervisor, 1725 K Street, Suite 1400, Washington, D.C. 20006, telephone: 888-IBT-2006, fax: 202-454-1501, email: electionsupervisor@ibtvote.org.
____________________________________
Richard W. Mark
Election Supervisor
Dated:
This is an official notice prepared and approved by Richard W. Mark, Election Supervisor for the International Brotherhood of Teamsters.
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
Anthony Smith
1126 West Calle de La Luna Unit 3
Azusa, CA 91702
Joe O'Connor
International Vice President
GCC/IBT
1900 L Street, N.W.
Washington, DC 20036
Doug Brown, President
GCC Local 404M
518 West Duarte Road
Monrovia, CA 91016
Dan Lutz
Tom Leedham Campaign
320 7th Avenue #338
Brooklyn, NY 11215
dan@leedham2006.org
Jeffrey Ellison
510 Highland Avenue, #325
Milford, MI 48381
EllisonEsq@aol.com