IN RE: WADE LASZLO, Protestor.
Protest Decision 2010 ESD 44
Issued: October 29, 2010
OES Case No. P-046-102510-MW
Wade Laszlo, member of Local Union 320, filed a pre-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2010-2011 IBT International Union Delegate and Officer Election ("Rules"). The protest alleged that Laszlo suffered intimidation prohibited by the Rules.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact
Laszlo serves as elected chief steward for corrections officers employed by Hennepin County. He has endorsed a slate of candidates opposing the incumbents in the current Local Union 320 officers election. His protest alleged that he "is the target of a campaign of intimidation because I am supporting the Members for a Better Union Slate rather [than] the Sue Mauren[1] slate in the Local 320 elections. A YouTube video has been made about me and several online forums have been used to slander me in an attempt to bully me into silence. * * * It is particularly disturbing considering I am not running for local office. I have however both voiced my support for Fred Gegare in the upcoming IBT elections and announced my candidacy as a delegate."
Laszlo posts videos to YouTube under the user ID "steward320." As of this date, the steward320 YouTube channel has 22 videos posted for viewing and all concern Local Union 320. Topics of the videos include Laszlo reporting on workplace issues, "meet the steward" interviews, a report on a members' picnic in the summer of 2010, and a report on a 1981 strike.
Four videos posted under steward320 invite viewers to "meet your slate," referring to candidates running for officer positions in Local Union 320 on the "Members For A Better Union Slate." A fifth video addressed to the Local Union 320 officer election, and posted on October 11, 2010, is Laszlo's endorsement of the "Members For A Better Union Slate." Laszlo's endorsement video and the other four "meet your slate" videos all concern the Local Union 320 officer election: none of these videos mention the International Union delegate election.[2] Laszlo's endorsement video runs 46 seconds.
Laszlo sings and plays guitar in a metal band named "The Unholy." Videos of The Unholy's music are posted on YouTube under the ID "theunholy666."
Brett Ohnstad, another member of Local Union 320 and a steward for members employed by Ramsey County, posted a video on YouTube on October 14 responding to Laszlo's endorsement. The video is posted under the ID "Brettkjell." Ohnstad's video begins with the first 8 seconds of Laszlo's original video and a supertitle of "Who is endorsing 'Members for a Better Union Slate?.'" The video then cuts to audio from one of The Unholy's recordings. A voiceover narration explains that Laszlo and The Unholy recorded the CD from which the song was taken; that Laszlo wrote or co-wrote all the songs on the CD; that the tracks include songs titled, "Lucifer's Flame," "Wicca Rising," "Welcome to Hell," and "Succubus;" and that the album credits show that Laszlo thanked gods and demons, among others, for inspiration. Ohnstad's video then dissolves back to the segment of Laszlo's original video where he endorses the Members for a Better Union Slate. A graphic superimposed over Laszlo's video then asks: "Care to know who else he endorses?" Next depicted is a still shot of Laszlo wearing a black t-shirt that reads, "Join Satan's Team." A rolling graphic scrolls over this shot, stating: "You are reading this right. His shirt says Join Satan's Team." Ohnstad's video concludes by referring the viewer to other sites on the web where Laszlo's postings appear. Ohnstad's video makes no reference to Local Union 320's delegates and alternate delegates election or the International officers election. Ohnstad's video runs 1 minute and 42 seconds.
On October 19, Laszlo posted another video to his steward320 YouTube channel responding to Ohnstad's. Among other items of response, Laszlo thanks Ohnstad for publicizing The Unholy's CD's; denies that he is a Satanist; and explains that the "Join Satan's Team" t-shirt referenced another local metal band. Laszlo's response video concludes by asserting that the wardrobe he wears and the music he writes and listens to should not detract from his message that he is supporting the Members for a Better Union slate in the local union officers election because "they are good, honest, hardworking stewards" who will do a good job as union officers. The running time on Laszlo's response video is 3 minutes, 59 seconds.
Viewers have posted comments to Laszlo's and Ohnstad's videos. None of the comments references the International Union delegate election.
Laszlo participates in an online chatroom at detentionchatter@yahoogroups.com. On August 14, he posted to that room stating his support for Fred Gegare and Brad Slawson, Sr. for International office and his own candidacy for delegate. This chatroom requires user ID and password to access. Ohnstad denied knowing Laszlo had endorsed candidates for International office and was running for delegate. Further, Ohnstad denied knowing who Gegare and Slawson were. Ohnstad stated that the video he posted to YouTube responding to Laszlo's endorsement of the Members For A Better Union slate concerned the local union officers election only, as the video itself made clear.
Laszlo writes a blog under the user ID "steward 320" at http://detentionhome.blogspot.com. No user ID or password is necessary to view the blog. On October 24 at 9:27 a.m., Laszlo posted the following to the blog:
I, Wade Laszlo, am formally announcing that I am seeking to be a delegate supporting the Fred Gegare and Brad Slawson, Sr. Slate in the upcoming 2011 IBT elections.
At 10:40 a.m. the same date, Laszlo filed this protest.
Laszlo does not assert that he suffered threats, violence, or loss or threatened loss of employment or union position associated with the conduct described here.
Analysis
The preamble to the Rules states that the Election Supervisor's authority to supervise the electoral process "is limited to the nomination and election of International Convention delegates and alternate delegates and nomination and election of International Officers. These Rules are not applicable to elections of IBT subordinate body officers." The Election Supervisor therefore has no authority over election of local union officers, Miner, 2005 ESD 1 (May 27, 2005); Jordan, 2001 EAD 76 (January 3, 2001); Collett, 2000 EAD 66 (December 19, 2000); Hale, 2000 EAD 61 (December 12, 2000), or other non-election conduct, McPherson, 2000 EAD 33 (October 6, 2000).
Starting with Laszlo's October 14 video, the videos uploaded to YouTube by Laszlo and Ohnstad and the comments posted concerning those videos all revolve around Laszlo's endorsement of the Members for a Better Union slate in the local union officers election. We do not have any jurisdiction over that contest. Laszlo's announcement that he is running for delegate and is supporting Gegare and Slawson for IBT office came after the video postings and comments on those videos were made. Accordingly, there is not even a temporal claim that Ohnstad's video response and the comments on both videos are any type of response to Laszlo's protected activity under the Rules.
Accordingly, we DENY this protest for lack of jurisdiction.
Were the video and the posted comments related to Laszlo's delegate candidacy or his declared support for Gegare and Slawson, we would find that they are campaign statements which we do not regulate and would deny the protest on that basis.
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, 1801 K Street, N.W., Suite 421 L, Washington, D.C. 20006, 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
2011 ESD 44
DISTRIBUTION LIST (BY EMAIL UNLESS OTHERWISE SPECIFIED):
Bradley T. Raymond, General Counsel
International Brotherhood of Teamsters
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
braymond@teamster.org
David J. Hoffa
Hoffa Hall 2011
1100 Connecticut Avenue, N.W., Ste. 730
Washington, D.C. 20036
hoffadav@hotmail.com
Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210-0128
ken@tdu.org
Barbara Harvey
1394 E. Jefferson Avenue
Detroit, MI 48207
blmharvey@sbcglobal.net
Fred Gegare
P.O. Box 9663
Green Bay, WI 54308-9663
kirchmanb@yahoo.com
Scott D. Soldon
Previant Goldberg
1555 North RiverCenter Drive, Ste. 202
P.O. Box 12993
Milwaukee, WI 53212
sds@previant.com
Fred Zuckerman, President
Teamsters Local Union 89
3813 Taylor Blvd.
Louisville, KY 40215
fredzuckerman@aol.com
Robert M. Colone, Esq.
P.O. Box 272
Sellersburg, IN 47172-0272
rmcolone@hotmail.com
Carl Biers
Box 424, 315 Flatbush Avenue
Brooklyn, NY 11217
info@SandyPope2011.org
Wade Laszlo
5425 152nd Avenue
Ramsey, MN 55303-6115
steward320@msn.com
Sue Mauren, Secretary-Treasurer
Teamsters Local Union 320
3001 University Avenue SE #500
Minneapolis, MN 55414
local320@teamsterslocal320.org
Joe F. Childers
Getty & Childers, PLLC
250 West Main Street, Suite 1900
Lexington, KY 40507
childerslaw@yahoo.com
William C. Broberg
1108 Fincastle Road
Lexington, KY 40502-1838
wcbroberg@aol.com
Kathryn Naylor
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com
[1] Mauren is principal officer of Local Union 320 and is a candidate for reelection to that position.
[2] Ballots for the Local Union 320 officer election were scheduled to be mailed on October 25, 2010 and are to be counted on November 11, 2010. Local Union 320's delegate election plan has not yet been approved, but the plan submitted proposes to hold nominations in January 2011 and, if there is a contested election, to count ballots in April 2011.