IN RE: WADE LASZLO, Protestor.
Protest Decision 2011 ESD 159
Issued: March 10, 2011
OES Case No. P-191-030311-MW
Wade Laszlo, member of Local Union 320 and candidate for delegate on the Anybody But Hoffa slate, 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 a mailing sent to members of Local Union 320 on behalf of the Sue Mauren slate included copyrighted materials as well as statements that libel Laszlo.
Election Supervisor representative Joe Childers investigated this protest.
Findings of Fact and Analysis
According to Laszlo, the mailing consisted of a DVD and two letters. Laszlo claims that the video represents an unauthorized use of copyrighted music by his metal band and video clips showing images of his minor children. One letter encouraged the reader to view the enclosed video; the other letter referred to Laszlo, devil worship and Satan.
The sender of the mailing is unknown. However, Laszlo believes it was sent by or on behalf of the Sue Mauren slate, which opposed the Anybody But Hoffa slate in the local union delegates and alternate delegates election. Laszlo asserted that use of the DVD violated U.S. copyright laws; he further asserted that statements on the envelope, in the letters, and on the DVD were false and libeled him. Laszlo further claimed that one of the copyrighted videos of his band that was used on the DVD was posted on Teamster Net at http://www.teamster.net in mid-February 2011 during the delegates election campaign.
The Election Supervisor has no jurisdiction to address allegations of copyright infringement. Laszlo's remedy, if he has one, lies in a judicial forum.
Further, we have repeatedly held that we are without authority to regulate the content of campaign literature. Sandford, 2006 ESD 142 (April 3, 2006). "The Rules are not intended to censor … or ensure the accuracy and truth of campaign materials." Yolland, P660 (April 3, 1996); Hoffa 2006, 2006 ESD 360 (September 29, 2006). "Even if [a] flyer were actionably libelous, we are precluded by the Rules from censoring it." Leedham Slate, 2001 EAD 343 (May 4, 2001); see also, Brown (after remand), 2002 ESD 552 (January 15, 2002).
Accordingly, we DENY the protest.
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 159
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
3541 N. Summit Avenue
Shorewood, WI 53211
scottsoldon@gmail.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
Julian Gonzalez
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue, Suite 1800
New York, NY 10001-5013
jgonzalez@lcnlaw.com
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
Joe F. Childers
Getty & Childers, PLLC
250 West Main Street
1900 Lexington Financial Center
Lexington, KY 40507
childerslaw@yahoo.com
William C. "Bill" Broberg
1108 Fincastle Road
Lexington, KY 40502-1838
wcbroberg@aol.com
Maria S. Ho
Office of the Election Supervisor
1801 K Street, N.W., Suite 421 L
Washington, D.C. 20006
mho@ibtvote.org
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
