IN RE: L.D. FLETCHER, Protestor.
Protest Decision 2011 ESD 185
Issued: March 25, 2011
OES Case No. P-227-031411-AT
L.D. Fletcher, principal officer of Local Union 509 and candidate for delegate on the L.D. Fletcher Delegates 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 local union members on behalf of the 509 Working Members Delegate Team included false and libelous statements about L.D. Fletcher and his slate.
Election Supervisor representative Maureen Geraghty investigated this protest.
Findings of Fact and Analysis
In Collins & Strohl, 2011 ESD 143 (March 2, 2011), we found that the Fletcher slate violated the Rules by mailing campaign literature to local union members falsely stating that it was sent by the International Brotherhood of Teamsters. We held as follows:
The campaign mailing publicized a purported endorsement by the IBT of the Fletcher slate for the purpose of influencing the election of candidates on that slate. That the purported endorsement was a "thing of value" to the slate is confirmed by the decision to use it on campaign literature. The appropriation of the endorsement by the Fletcher slate violated the Rules.
As remedy, we ordered the Fletcher slate to mail a notice to all members stating the IBT had not endorsed the Fletcher slate. We also ordered the local union to pay the full costs of a campaign literature for the 509 Working Members Delegate Team slate. The Fletcher slate and Local Union 509 complied with these remedies.
On March 7, 2011, John Collins mailed campaign literature to local union members. The literature twice declared: "L.D. Fletcher was found guilty of using your union resources to help his campaign." It further urged members to use their vote to send a message to leaders who "play politics on your dime."
Fletcher protested that the statements in Collins' campaign literature misrepresent the Election Supervisor's finding in Collins & Strohl by suggesting that Fletcher stole or misappropriated members' dues money. Fletcher also contended that the statements were libelous and defamatory.
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." 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), and Laszlo, 2011 ESD 159 (March 10, 2011).
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 185
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
John Collins
193 Lily Lane
Loris, SC 29569
fbody@sccoast.net
L.D. Fletcher, Secretary-Treasurer
Teamsters Local Union 509
1213 State Street
Cayce, SC 29033
team509@bellsouth.net
Maureen Geraghty
426 Old Salem Road
Winston-Salem, NC 27101
mg@geraghtylawfirm.com
J. Griffin Morgan
Elliot Pishko Morgan
426 Old Salem Road
Winston-Salem, NC 27101
jgmorgan@epmlaw.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.
Washington, D.C. 20006
knaylor@ibtvote.org
Jeffrey Ellison
214 S. Main Street, Ste. 210
Ann Arbor, MI 48104
EllisonEsq@aol.com
